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Topics - Flee

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181
Gaming / Playing Fallout 3
« on: November 17, 2015, 11:02:04 AM »
In anticipation of hopefully getting to play Fallout 4 sometime soon when I get myself an Xbox One, I'll be giving Fallout 3 (GOTY Edition, Xbox 360 another go. I have played the game before, but my adventure was cut short when the game bugged out and stopped me from furthering the main quest line.

I know several of you have put considerable amounts of time in the Fallout games before, so tell me, what should I look out for? Tips, tricks, things definitely not to miss? Prefered playstyle or quest line?

182
Gaming / Buying an Xbox One
« on: November 14, 2015, 12:00:17 PM »
Alright, so I'm probably going to buy an Xbox One with my girlfriend soon enough. Never really looked into it up until now, so I'm wondering what I need to look out for. Any bundles to keep an eye out for? 500gb or 1tb? Kinect? Do all games need to be installed? I take it your XBL account and gamertag just transfer? What's the deal with the backwards compatibility addition? How are games like the MCC, Halo 5 and other exclusives? Any other neat features for me to know about?

183
The Flood / Any other members with younger siblings? Rejoice.
« on: November 13, 2015, 03:42:14 PM »
Why your older sibling is smarter than you?

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Are you older and wiser than your brother or sister - or younger and more rebellious? There has long been a fascination with how our position amongst siblings affects character traits, but new research has revealed that these stereotypes do not stand up to scrutiny. However, there may be other reasons to be envious of your sibling's birth position.

In a new study from the University of Leipzig, researchers examined how neurotic, extraverted, conscientious, open and agreeable 20,000 people were from the UK, US and Germany - and concluded that personality is not affected by whether you were born first, last or in between.
But science is increasingly showing that your birth order can affect who you are in different ways - older siblings are smarter on average, while the youngest are healthier and more likely to be gay.

In the Leipzig study a small difference in intelligence was found - firstborns tended to be slightly more intelligent than their younger siblings, who are in turn slightly more intelligent than their younger siblings.
The researchers also discovered there were differences in how intelligent people thought they were, with first-born children being more likely to agree with statements such as "I am quick to understand things" than their younger siblings. These people were also more likely to say they found it easier to understand abstract ideas and that they had a richer vocabulary than younger siblings.

Although it's not clear why this might be the case, previous research suggests this might be due the eldest child's social status in the family rather than a biological change that happens in the womb.
It is thought that a higher social rank could be responsible for the small increase seen in intelligence .

Another trait that research has shown is related to birth order is how healthy siblings are - younger children in families appear to be healthier than their older brothers and sisters.

A number of studies, including research from Queen's University Belfast, looked at the relationship between birth order and incidence of Type 1 diabetes. They saw that those born second, third or later had a reduced risk of becoming diabetic compared with the first born child.
Experts suggest it could be caused by changes in the womb or from experiences after birth, such as delayed exposure to infections.

Younger siblings are more likely to be exposed a variety of bugs earlier in life as a result of older siblings bringing them home from school. Researchers speculate that this stimulates the immune system of the younger children and reduces the risk of it incorrectly attacking the body - which would result in autoimmune diseases like type 1 diabetes.

Another trait that research has shown is related to birth order is sexual orientation in men.
Men with more elder brothers are more likely to be gay. This effect is known as the "older brother phenomenon" - for every extra older brother a man has the likelihood that he is attracted to men is increased by a small amount.

Prof Tony Bogaert, of Brock University, Canada, one of the scientists who first observed the phenomenon, explained that this is a biological effect. 'Each older brother actually changes the womb in some way. And we think the most plausible explanation has to do with the maternal immune response.'
Male foetuses produce a particular type of protein in the womb that helps male genitalia to form. But when this is produced, the mother's body responds by producing other proteins, known as antibodies.

This is a natural process and not dangerous to either the mother or the foetus. But it does mean that in subsequent pregnancies these antibodies are more quickly produced if the next foetus is also male.
As a result, having older brothers means that a male foetus could have been more quickly exposed to these antibodies from his mother. Prof Bogaert believes that this immune response explains the older brother phenomenon.

However, this immune response is only one of many factors that influence men's sexuality.
Traits such as intelligence and sexuality are determined by a range of interconnected factors - such as family size, mother's age at birth and genetics - which means that finding a relationship with birth order is extremely difficult. Large studies are needed to find these subtle influences.

The Leipzig study was the second largest that has looked at what effects birth order has - which means the researchers can say your older sibling probably is that tiny bit smarter than you.

Smarter, less likely to be gay, better vocabulary and better understanding of abstract ideas. First child master race.

184
The Flood / AMA Visiting the EPO (European Patent Office) today
« on: November 05, 2015, 09:52:17 PM »
Early as shit (4 something am) because I have a train to catch at 5. Discuss the wonders of excursions and "school trips", even though this could hardly be considered one. Bored and having breakfast while waiting for time to pass, so talk to me Flood.

185
Serious / Flee Talks Law 3: Extradition
« on: November 01, 2015, 04:14:26 PM »
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Flee Talks Law 3: Extradition

In light of Kupo's thread on the European resolution advising its member states to drop charges against Snowden and grant him asylum, I figured that the topic of extradition might be a good and very relevant one to cover in my next law thread. As usual, I will not be going in detail or cover too many particularities of specific extradition treaties. What this thread sets out to do is to provide a brief introduction to the basics of the laws and conventions regarding extradition, and to briefly give my own opinion on what might happen next in the Snowden saga.



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What is extradition?

Simply put, extradition is the requested surrender of an individual by one nation to another where that person is sought for the prosecution, trial or punishment for the alleged commission of a crime. In other words, if a person commits a crime in the territory of a country and then moves to another nation, the country where the crime was commited can request the other nation to surrender the person back so he can be prosecuted and tried.

The reasons for such a procedure to exist are obvious. One of the most fundamental guiding principles of international law is that of the sovereignty of nations. In this modern day and age, international law and global conventions dictate that it is generally unacceptable for one state to simply breach and violate this sovereignty of another nation's government and people to determine their own culture, policies and legal system. While certain exceptions most definitely exist, they only apply to certain extreme situations and are strictly regulated by the UN and other international organizations and conventions. The mere reason that one country seeks to prosecute and punish someone who allegedly commited a crime in their territory does not suffice for them to physically recover this person when he or she resides in a different nation.

As such, a criminal could very easily escape justice by simply moving to a different country and hiding behind the laws and government of this separate, sovereign nation. It is exactly this problem that gave rise to what is often described as the oldest form of international cooperation of criminal law: the procedure of extradition. International agreements on extradition have existed for thousands of years, going even as far back as the 13th century BC, and still play a crucial role in contemporary international criminal law.

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How does extradition work?

While extradition was traditionally dealt with on an individual basis, countries quickly grew to recognize the importance and usefulness of longstanding and more generally applicable agreements. Currently, international extradition is regulated by mainly bilateral treaties. This means that two separate countries conclude a treaty with one another in which they set forth the procedures, formalities and conditions for mutual extraditions based on the principle of reciprocity.

What usually happens is that a country will first devise a national or federal law to lay the foundations of their extradition policy. The legislator will set forth a basic law that serves as a guideline for its all branches of government and their diplomatic relations with other countries. Basing itself on these general guidelines, the country's government will try to seek an agreement with a foreign nation on how they will extradite (alleged) criminals in the event that they would reside in one of both countries. This practice has led to an enormous web of bilateral treaties to form on a global scale, with certain countries being part of over 100 extradition treaties.

Once such a treaty setting out the conditions, circumstances and practical workings of the extradition procedure between those two countries has been established, it is up to the national governments and judicial systems to put these into effect. Once country A becomes aware that a person it is trying to prosecute, put on trial or punish is currently residing in country B, it will send a formal extradition request to this second country. There, its government will ascertain whether or not the person is actually residing in their territory before evaluating the specifics of the case against this person. If all the conditions for an extradition and none of the conditions barring it are met, they will apprehend the person and surrender it to the requesting state where he will be subject to the legal system of this country.

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Situation in the European Union.

The situation in Europe is unique in the world, which is why it deserves its own little chapter. As opposed to the global trend of bilateral treaties between two countries, the European nations have come to employ larger conventions to which numerous member states are present and all in agreement on the same conditions. The European Convention on Extradition from 1957 was the first step in this particular process of harmonisation. One of its most notable characteristics is that it introduces a multilateral obligation to extradite suspects and convicts when certain conditions are met and none of the grounds of refusal exist.

Following this Convention, several Agreements and Framework Decisions were concluded in the late 90's and early 2000's. This turned the process of extradition from a governmental and political one to an entirely judicial procedure. The basic idea here is trust between member states that their fellow European nations will not violate the human rights of those they seek the extradition of. This is part of the general increasing trend of European cooperation in the fields of criminal justice.

The apex of this legal convergence was the creation of the European Arrest Warrant (EAW) by means of a notable 2002 Framework Decision. These arrest warrants are judicial decisions issued by the court of a member state to the Union with a view to the arrest and surrender by another member state for the purpose of criminal prosecution or the execution of a sentence. This is widely seen as marking the end of extradition and the beginning of surrender, as extradition is based on request while the EAW is a valid order in all member states. The political authorities no longer play any role whatsoever and several previous obstacles have hereby been removed. While this system has been proven to be effective in the EU where all member states operate on a basis of trust and are held to the same standards, it is unlikely that this will soon become a more global and international phenomenon. With foreign countries outside of the EU, the European member states still operate on the basis of bilateral extradition treaties.

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Exceptions and obstacles to extradition.

As the details and particular conditions of international extraditions depend entirely on the individual national laws and bilateral treaties, there is no way I can cover all of their particularities in regards to conditions that bar extradition. However, a few general principles are almost universally present in these treaties.

  • Requirement of dual criminality: in order to avoid having to surrender persons for actions that are only consider illegal in the other country, many treaties have a requirement of dual criminality. This means that the parties to the treaty are only bound to extradite people when their own criminal code provides for a penalty for that action.
  • Ne bis in idem: also known as double jeopardy, this principle precludes a person from being prosecuted or convicted twice for the exact same offense. Oftentimes, the country requested to extradite a person can refuse to do so if they know that the person has already been convicted or tried for the same offense that the other state is requestion extradition for.
  • Possibility of application of the death penalty or subjection to inhuman treatment: more often than not, a state can refuse to fulfill an extradition request if its government believes that by doing so they are putting the person in question at risk of torture, inhuman or degrading treatment or a death penalty.
  • Prosecution for certain crimes involving political or religious beliefs: a majority of countries refuses to extadite people when the requesting state seeks to prosecute them for political or religious crimes. This is usually done to ensure and protect the principles of fair representation and democracy, and to combat governmental corruption.
  • Aut dedere aut judicare: on behalf of this principle, the state can refuse an extradition request when they choose to prosecute and try the person themselves. The most common reason for doing so is when states have included a clause prohibiting the extradition of their own citizens so that they can prosecute them themselves for their own courts of law.

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Now, what about Snowden?

First of all, a seemingly popular myth needs to addressed. According to numerous news papers, the EU recently decided to “drop charges” against Snowden. In reality, the EU has absolutely no competence to file charges against anyone. Criminal law is still a power that rests almost exclusively with the member states. So far, the only criminal law the EU itself is involved in is coordinating judicial cooperation between member states and harmonizing certain crimes by requesting that its member states criminalize certain behaviors and address them properly in their procedural provisions.

What the EU Parliament did do is pass a non-binding resolution on the matter, advising its member states not to criminally charge Snowden themselves and not to extradite him if he would reside in their territory and the US would request his surrender.

Now, what will this mean in practice? Unfortunately, nor I or anyone else is capable of answering this question right now. It is simply impossible to tell if any European country is actually going to grant him asylum and protect him against the US government. There are, however, a few things that could come of this.

Firstly, the EU does not have the power to directly command a member state to ignore one of its existing treaties. It has no legal basis of doing so and any such action would in all likelihood be met with great amounts of criticism. It is a near impossibility that any European country is planning on rescinding its extradition treaty with the US. This resolution in no way translates into a direct European binding order to protect Snowden from the American legal system and its charges brought against him.

However, this is the point where the theory of European Exceptionalism comes into play. No, this is not the same kind of European exceptionalism that claims that Europe is simply exceptional and superior to other parts of the world, but this is a theory of law that holds members of the EU to a higher legal standard of international behavior than other countries. Its member states are supposed to strive for excellence and uphold the ideals of democracy, progress and human rights as often and as thorough as possible. When they are applying the European basic treaties, the European Court of Justice can evaluate and monitor their actions. While unlikely, it is possible that this could result in repercussions for the member state who upholds certain treaties while neglecting higher standards that the EU employs.

The same principle applies to the competences of the European Court of Human Rights. In the groundbreaking Soering case, the Court warned the UK not to extradite an alleged criminal to the US because this person could've potentially ended up on death row and receiving the death penalty in America, which goes directly against the 6th and 13th Protocol to the European Convention on Human Rights. It is not unthinkable that a certain legal construct could come into play here just the same, preventing or reprimanding a member state for handing Snowden over to the US.

Finally, and probably the most likely, is the possibility that a member state simply employs a provision of its own extradition law, being one of the aforementioned exceptions. To illustrate this, I will present you all with the hypothetical scenario that Snowden would seek refuge in Belgium. Here you will find the Belgian law on extraditions, unfortunately in Dutch. As such, I'll translate the most relevant provisions.

“Extradition can not be allowed if serious reasons exist to assume that the request has been made in order to prosecute or punish a because of his race, religion, nationality or political ideals...
Neither can a person be extradited if it's likely possible that, if surrendered, he will be exposed to torture or inhuman and degrading treatment...
When possible that the person, if surrendered, will be prosecuted for and convicted to the death penalty, this state shall not extradite the person unless serious safeguards and guarantees have been made which assure this person shall not receive the death penalty...
Among the crimes that a person shall not be extradited for, one finds: political crimes...”

As such, the Belgian government could potentially deny extradition on some of these grounds without breaking or jeopardising its treaty with the US. Even when the US prosecutor claims that the death penalty won't be sought, it is entirely up to the Belgian government to evaluate this guarantee and still choose to deny Snowden's surrender if it believes a chance still exists that he will end up facing a death penalty. A second possiblity would be to invoke the political crimes exception. As already been shown before, his crimes could be considered political in nature. Espionage and treason have already been considered political offences in the past, and it doesn't take a brilliant lawyer to see how “government employee is prosecuted by own administration for revealing its secret policies of spying on its citizens and violating their rights” could be considered a political crime that Belgium could potentially deny Snowden's extradition for.

Is it likely that any of this will happen? Probably not. But the EU and its representative parliament directly backing and advising its member states to grant Snowden asylum might just be the support that a European country needs to defy the American extradition requests, and the unlikely but still potential negative consequences of ignoring the EU resolution could help sway such a decision even more.

All in all, these are very interesting times for those interested in international law and global relations.

186
Gaming / Just beat Brink
« on: October 29, 2015, 08:40:20 AM »
Beat all the missions, received all the audio logs and unlocked all achievements for it.

The game definitely has its issues, but I did have an overall pretty good time playing it. The movement was wonky at times, the story irrelevant, the AI pretty bad and there were about 0 people still playing it, but I still had some fun. It's a lot like one of my all time favorite games (Wolfenstein ET) but with a whole bunch of things gone wrong. Worst thing about it is just the disappointment. Brink feels like it could've been so much more, unfortunately.

For $1.49, you can't really go very wrong. Would recommend to FPS fans for that price.

Anyone else here had or played it?

187
Gaming / What game should my girlfriend play?
« on: October 28, 2015, 04:33:13 AM »
My girlfriend does not know what game to play on her 3DS and told me to "ask my wonderful internet friends" which one she should play. So, be the gentlemen I know you all are and kindly let her know by means of democracy and popular vote. The only one she's played before is Majora's Mask, but that was the original back on the N64.

188
The Flood / I just encountered a group of British chavs on the train AMA
« on: October 21, 2015, 10:04:41 AM »
Couldn't understand a word they were saying m8.

189
Clinton: US should weigh Australian-style gun buyback.
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Democratic presidential hopeful Hillary Clinton has drawn the ire of the influential National Rifle Association (NRA) by saying that the United States should consider a gun buyback scheme, similar to that introduced in Australia in the late 1990s.

Clinton was asked a question about why the US did not consider a buyback scheme, as she addressed a town hall meeting  in Keene, New Hampshire, on Friday.

"Recently, Australia managed to get away, or take away tens of thousands, millions of handguns. In one year, they were all gone. Can we do that? If we can't, why can't we?" a man asked Clinton.


Inside Story: Will the US ever change its gun laws?
The question referenced the buyback policy  that Australia introduced in the wake of the Port Arthur massacre in 1996, where gunman Martin Bryant killed 35 people using a variety of guns at a historic tourist site in the island state of Tasmania.

As she answered the question at Friday's town hall meeting, Clinton said that the evidence appeared to "support" Australia's policy.

"By offering to buy back those guns, they were able to curtail the supply and set a different standard for gun purchases in the future," she said, before adding that she did not know how such a scheme could be implemented in the US.

"I do not know enough detail to tell you how we would do it, or how would it work, but certainly your example is worth looking at," she said.


Following the Port Arthur massacre, Australia banned a large range of semi-automatic and automatic weapons, and provided a 12 month firearms amnesty and compensation scheme, where 640,000 prohibited guns were bought back by the government.

The policy has been lauded as having greatly reduced the number of firearm-related homicides in Australia.

Reacting to her answer on Friday, however, the NRA came out swinging against the Democratic frontrunner, with a post on its website  saying that "the Australian and UK 'buybacks' were merely an attempt to mollify firearm owners whose property had been declared contraband and subject to seizure".

"If you own a gun now, take heed. President [Barack] Obama and now Hillary Clinton finally made clear what they're really after - national gun confiscation," the post said.

Gun control has become an election issue after a spate of recent mass shootings in the US.

Earlier this month, nine people were shot dead at the Umpqua Community College in Oregon. It came just a few months after nine people were shot dead at a historic black church in Charleston, South Carolina.

Following the Oregon shooting, President Obama mentioned the Australian example  as he again called for the country to consider how it can change its gun laws.

"We know that states with the most gun laws tend to have the fewest gun deaths," he said.

"So the notion that gun laws don't work, or just will make it harder for law-abiding citizens and criminals will still get their guns is not borne out by the evidence."

Opinions? I could see this turning out well, if carefully executed. Main problem here is the insistent US gun culture.

190
Gaming / What game should I play next? (Xbox 360)
« on: October 18, 2015, 07:21:02 AM »
Just finished Far Cry 4 earlier today and now I'm looking for my next 360 game to play through. I haven't played any of them before, other than getting an hour or so into Metro and Crysis 3. What should I play next?

191
Gaming / MGS: Ground Zeroes
« on: October 14, 2015, 04:56:07 AM »
Just downloaded Ground Zeroes as it was free with Games with Gold. Will probably get around playing it once I beat Far Cry 4.

What should I expect? I never played any of the MGS games other than one of the first ones over at a friend's place 15 years ago, so I'm a complete noob to the story and universe. Tips? Advice? Short rundown of the story? Reviews of the game?

192
Serious / "America does not have a gun problem..."
« on: October 12, 2015, 01:53:19 PM »
"...it has an X problem".

If you are interested in criminal justice, law or gun regulations in general, you have undoubtedly heard these claims before. One does not need to have a degree in law or political science to regonize a clear and recurrent trend when it comes to gun violence, gun massacres and the political response to it in the United States. More often than not, the following series of events unfold.

- Person shoots up school, mall or movie theater.
- Extensive media coverage results in a massive public outrage.
- Typically leftist/democrat politicians and people say "no more!" and call for stricter gun control, often fueled by an immediate emotional response.
- Typically right wing/republican politicians and people defend gun rights at all costs and suggest a scapegoat while claiming "nothing could prevent this".
- Some time passes, the debate dies down again and the general population moves on.
- The next, inevitable mass shootings occurs usually shortly afterwards.
- Rinse and repeat.

What this "scapegoat" is often depends on the particular circumstances of the case and varies greatly as such. Sometimes it's the mentally ill and inadequate mental health care, other times it's gender or race, then it's the media and violent video games and in other cases it's a gang problem.

As opposed to my previous thread on gun control, this one does not support a particular policy of gun regulation and gun control, nor does it weigh any pros and cons of policy choices. The point of this thread is to analyse some of these often cited scapegoats or so-called "underlying causes for America's gun violence epidemic". Not that I have any delusions about whether my post will actually change something (it won't), but the reason for this is that it's one thing to see heaps of 12 year olds on Bungie make these poor arguments, but seeing almost every single republican presidential candidate relying on these scapegoats is what got me to write this addendum to my last submission.

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"America does not have a gun problem, it has a mental health problem. Mentally ill people are to blame for mass shootings and gun violence. Investing in better mental health will fix the problem.

I have to start this one of by making something very clear. Better mental health care is an admirable and necessary policy that is sure to yield results. As is the case with most other countries, (mental) health care deserves more attention and should be considered a priority regardless of gun crime. However, its relation to gun crime is whimsical at best.

To cite one of the foremost studies on this topic, "notions that mental illness caused any particular shooting, or that advance psychiatric attention might prevent these crimes, are more complicated than they often seem."

A few numbers to put this in perspective are due. Less than 3% to 5% of all US crimes involve people with mental illness, and the percentages of those crimes actually involving guns is lower than the national average of these crimes commited by people without a mental illness. Additionally, less than 5% of all 120,000 gun-related homicides recorded between 2001 and 2010 were commited by a person with a diagnosed mental illness. Furthermore, people diagnosied with serious psychiatric disorders only commit about 4% of the violence in the US, while John Hopkins found no correlation whatsoever between the most common psychiatric diagnoses of the mentally ill and violence. Even more so, people with mental illness are far, far more likely to end up being victimised rather than actually commiting (violent) crimes themself.

Going by the large amount of research done on this subject, it's pretty clear that other factors contribute significantly more to (gun) violence than mental illnesses alone. The most obvious and clearly established factor is, unsurprisingly, the availability of firearms in society. The impact of reasonable gun regulations on (mass shootings) has clearly been established in other countries having adopted stricter gun control over time.

Additionally, the idea that conducting a psych evaluation alone will help curb gun violence in a significant way is also relatively unfounded. This entire suggestion is based on the assumption that psychiatric diagnoses can predict gun crime and violent behavior. Not only does this put an incredible burden on psychologists to complete the impossible task of deciding which one of the hundreds of thousands of depressed, confused, asocial and anxious people with low self esteem and many struggles in life is going to end up shooting up a school, but it's also simply not realistic. A psychiatric diagnosis is not predictive of violence and as is clearly shown by numerous statistics, the overwhelming majority of psychiatric patients or mentally ill persons fitting the profile of the typical American mass shooters never end up commiting a crime.

It is simply an impossible task to somehow determine what people are mentally ill to the point of considering commiting a mass shooting or resorting to violence, as the "predictive value of a psychiatric diagnosis is thin at best". Hundreds of thousands of people that fit the common characteristics of mass shooters (which, as already pointed out, still only make up only a fraction of all American gun violence) do not commit such crimes.

Estimates state that about 1 in every 4 people suffer from a mental illness. 61.5 million American adults have psychological issues and depending on the definitions of what count as mentally ill, this accounts for close to 20% of Americans. Are all of them going to be disqualified from owning firearms? Would you confiscate their guns because of a (past) mental illness? Not only is this a project of an impossible magnitude, but it will also affect millions upon millions of people who are of no danger to society.

Another argument to address this issue with is that the very low rates of the seriously mentally ill going out and commiting violent crime (less than 5%) are not higher in the US than they are in the rest of the developed world. The US does not have a monopoly on the mentally ill. While it's health care may be questionable, people with mental illness exist all over the world in the same numbers and a lot of them too do not receive the medical attention they deserve.

Yet despite this being the case, the US is the only developed country with such high rates of mass shootings and gun violence in general, and the general public heavily stigmatizes and blames mental illness for these tragedies rather than the easy access to firearms, which is exactly the main contributor to mass shootings and gun violence that a consortium of universities found in a massive research project.

To conclude: the US does not have more mentally ill people than other developed countries do. The mentally ill in the US only make up a tiny fraction of all gun violence and are not the sole perpetrator of mass shootings. Some studies of mass murders find that only about 20% of perpetrators have a documented psychiatric history, with only 2 out of 132 surviving perpetrators having been found mentally ill and being institutionalised. As a mental health and psychiatric expert and professor at Duke University concluded, "even a perfect mental health are system and the ability to cure depression, schizophrenia and bipolar disorders would only result in a 4% decrease of overall violence in the US" and that the addition of mental health records in the background checks at gun sales only prevented an estimated 0.5% of the state in question's overall violent crime.

While more adequate mental health care institutions would help society as a whole, America's gun problem is not one of mental health (care). The mentally ill are not a good scapegoat, despite what numerous presidential candidates are trying to have you believe. The issue lies, perhaps surprisingly to some, with the easy access to guns. Blaming "mental illness" is a convenient excuse to pretend that there is nothing wrong with the American gun regulations, but one that is ultimately incorrect.

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America has a gang problem disguised as a gun problem. Gang and drug related crime commited by gangbangers and junkies is the issue rather than gun control regulations.

A brief remark to start this off is once again due. Yes, the US has an undeniable gang problem that does not exist anywhere else in the developed world. This is an issue that most definitely needs addressing and affects many other political topics, including the discussion on gun regulations. However, America's gangs are not at all a main cause of its gun violence problem.

According to the governmental National Gang Center, gangs are responsible for about 2000 homicides on a yearly basis. This number reflects all homicides by any means, including those commited by guns, fists, vehicles, bats, knives and everything else. The US Department of Justice found an even lower number of gang-related homicides, settling on around 960 gang killings (again, including all homicides by any means) in 2008. Unfortunately, there exist no detailed numbers on how many of those are commited by firearms. However, if we look at the national averages of homicides in the US, we find that about 65-70% of all American homicides are commited with a firearm. If we theoretically apply that number to gangs, we find that there are, on average, around 650 to 1300 gang-related gun homicides on a yearly basis.

Comparing that number to the whole of gun homicides in the US, it becomes clear that those 650-1300 killings only make up a small portion of the 11,000 gun homicides taking place in America every single year. Accordingly, they only account for 6 to 11% of all homicides by firearm in the US.

Additionally, the Federal Office of Juvenile Justice and Delinquency Prevention has established that the number of gangs and gang members is steadily increasing in the US. Over the last decade, that number has grown at about 3% a year or 1/3rd over the course of the entire decade. If the US truly had a gang problem rather than a gun problem, one would assume that this would lead to a drastic increase in the amount of gang-related killings. This, however, does not appear to be true as those killings have decreased by over 8% in the last couple of years, completely contradicting the idea that it is the gangs who drive gun violence in the US.

To add on this, a CDC 5-year long study on the homicide rates in cities with the biggest gang problems such as Chicago and LA established that gang homicides only make up an average of 29% of all killings in those cities, hereby contributing to the idea that is not the gangs who are mainly responsible for American gun violence. In addition, the study found that the illegal drug trade did not fuel gun crime on its own either. Drug-related killings were determined to be "consistently low" and only made up 0 to 25% of all killings taking place in those areas.

Finally, the idea that only convicted killers and die-hard criminals with prior convictions make up all gun homicides has also been suspected to be largely incorrect. While people with prior convictions do have a "relatively high incidence of lethal violence", the study concludes that focusing exclusively on these people when distributing firearms "leaves a large portion of the problem untouched". The finding that only a small minority of all people commiting mass shootings obtained their weapon illegally, only contributes to this notion.

To conclude: focusing exclusively or primarily on gangs, drugs and known violent criminals ignores the underlying problem. The US has a gang problem, but it is largely unrelated to its gun problem. The idea that simply addressing illegal firearm and drug trade, gangs and convicted felons will fix gun violence is completely unfounded and simply incorrect.

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America does not have a gun problem, it has a problem with the media. Extensive media coverage of mass shootings and violent movies/games/songs compel people to commit gun violence.

This one I'm going to address very briefly. Simply put, many people claim that the media is to blame for mass shootings and gun violence. While there exists evidence to suggest that the copycat effect does encourage certain people to shoot for fame, the idea that increased media coverage results in increased (mass) shootings is not correct.

Again the comparison deserves to be made with other developed countries. Living in one of them, I can assure you that the media coverage on these international issues is also extensive. The killer is named, his methods described and the amount of victims clearly featured. This applies to both foreign and domestic incidents of mass violence, the last of which we luckily have very few. Yet despite this media attention, the amount of mass shootings and gun violence in other developed countries is incredibly low compared to the US.

Another frequent culprit are violent games, movies and songs. To address this, there are numerous studies suggesting that there is no reason to believe these forms of media cause (gun) violence. In addition, these forms of media are also distributed globally. Billions of gamers, moviegoers and listeners of aggressive songs live in developed countries outside of the US. Even if these forms of media somehow contributed to gun violence, the clear question is why this only becomes apparent in the US. If violent video games make kids shoot up schools or graphic movies result in shootings, why do they only frequently do so in the US? There are millions of gamers in Europe just the same, and the American media are undoubtedly the most popular in the world, with its games, movies and songs having a global audience.

Again the conclusion must be made that the underlying cause is not the attention the media gives to these issues that fuels gun violence, nor do violent games or movies result in people taking guns to the streets. While I do not proclaim that these don't play a factor in the violence in our society, it is pretty clear that they are not the primary or sole contributor to the problem of gun violence in the US.

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Conclusion.

While many scapegoats are often called upon, none of them can be considered the primary underlying cause for the American gun problem. While they might play a small role in the American epidemic of gun violence and mass shootings, the logical conclusion is very clear. Gun violence is caused by guns. More specifically, the glorification of these tools as part of the very prevalent American gun culture, their extreme availability to the general public and the extraordinarily high rates of private gun ownership.

193
Serious / Flee Talks Law 2: Systems of Law
« on: October 12, 2015, 06:24:38 AM »
As promised, here is the second installment in my law series. Due to overwhelming demand, this one will deal with some of the most common systems of law throughout the world. While I realize this topic is far less of a hot topic than gun control currently is in the US, I do hope some of you will read it and maybe even learn a thing or two.

General remarks
What this thread sets out to do: discussing the main differences between common and adversarial law systems on the one hand and civil and inquisitorial systems on the other, followed by a brief summary and my opinion on what the pros and cons of each system are.

What this thread does not set out to do: discussing details of different national legal systems, comparing country x to country y or picking the superior system and/or solution.

Why discuss civil and common law as opposed to some theocracies: I am not very knowledgeable on the details of said theocracies and seeing how the civil/common law systems are by far the most prevalent and apply to all of our users, I'm sticking to those two.


Before we get started discussing the different systems, two major remarks are to be made.

1. As of now and to my knowledge, there no longer exist any purely adversarial or inquisitorial systems anymore. Over the past 80 years, we have experienced a great amount of convergence. Both systems have been eager to adopt certain parts of its counterpart which lead to the creation of many hybrid systems. While the original foundations and principles still dominate these newly formed hybrids that as such can still be categorised in one of the two groups, you'll undoubtedly find adversarial elements in inquisitorial systems and vice versa.

2. In this thread I will be linking civil systems of law with an inquisitorial approach, and common systems with an adversarial approach. This is not necessarily the case for all countries in the world, as the approaches and systems are not necessarily linked. However, this seems to be the case for the vast, vast majority of legal systems, so for simplicity sake I will follow that distinction.

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History and Use


Common Law systems are historically tied to the British empire. Emerging in the Middle Ages, it found its way around the entire world by being used as the go-to system in England's colonies. As such, the countries that still use it these days are almost exclusively former British colonies. The US, the UK, India, Australia and New Zealand are the most commonly used examples.

Civil Law systems are based on the tradition of Roman law and found its way into mainstream society by its adoption by several European imperial powers such as Spain, France and Portugal. Nowadays, the most notable users of this system are the countries in mainland Europe, Russia and South and Central America.

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General Characteristics

Now that we've got that brief history lesson over with and everyone hear hopefully is aware of what system is in act in their own country, we can move on to the more interesting parts, namely what the actual differences between these systems are.

One of the most fundamental and notable differences is that of the role which legislation and jurisprudence (being the whole of legal rulings and judgments) play.

In Common Law systems, the main focus lies on tradition, past practices and legal precedents set by higher courts. As you all know, it is up to the judiciary power to interpret legislation and apply it to factual circumstances. In both the US and UK, these court rulings are arguably as important for later cases as the laws themselves. The decisions made by higher courts (Courts of Appeal, High Courts of Justice, Supreme Courts) are binding precedents that directly determine the outcome of later similar cases.

Lower courts have no choice but to follow the principles established by higher courts and to apply them in all cases similar to the original one. This legal principle is known as the principle of "stare decisis". It is only when a new and later case is fundamentally distinct from all previously recorded cases (known as a "matter of first impression") that it falls on a judge to create new case law by establishing a brand new precedent.

In Civil Law systems, the complete opposite applies. Higher courts can still create fundamental case law on constitutional matters and such, but they do not directly bind all lower courts. These lower courts are free to come a different conclusion, but ultimately the higher courts will always reign supreme through the principles of appeal.

Instead of binding precedents, it are inclusive systems of written rules, regulations and laws that form the foundation of the civil systems. They rely on codified bundles of law (known as codes) that lay out detailed laws and regulations within different areas of the law (criminal code, civil code, commercial code...). The rule of the judges here is not to fill in the often intentional blanks in legislation, but to simply apply the existing statutes to particular cases.

This distinction is clearly apparent in the field of contractual law. In common law systems, the freedom of contract is incredibly extensive. Very few provisions or safeguards are directly implied or guaranteed by law. Unless a clear and express prohibition legislative prohibition exists, everything is permitted in a contract. Civil law systems generally have a lesser degree of contractual freedom in the sense that there exist numerous contractual clauses and safeguards that are implied or guaranteed by law. While this generally still allows both consenting parties to deviate from a lot of non-binding legal provisions, it is often more protective and provides for numerous safeguards against abuse.

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Approaches to trials

Now that we've covered the main distinctions between common and civil law, it's necessary to analyse in what way they approach actual trials and jurisprudence. As mentioned above, the Common Law systems generally employ the so-called adversarial approach, while Civil Law systems tend to stick to an inquisitorial one.

Under an adversarial approach, such as employed in the US for all cases but the smallest of misdemeanors, the role of the court and judge is rather limited. The judge is supposed to simply act as a referee between the prosecution and defense who battle it out between themselves. The court acts in a non-partisan way and oversees the trial taking place unfolding as a contest.

In such a system, the truth of the matter is to be determined by open competition between the prosecution and defense or between the numerous civil parties. It are the parties who determine what witnesses are called upon, what questions they are asked, what evidence they bring forward and in what order they do it all in. The judge has no choice but to base his judgment on the evidence submitted to him by the parties, ultimately deciding on what version of the facts that was presented to him supposedly matches the truth. In addition to this, adversarial systems more often rely on trials by jury.

Under an inquisitorial approach, such as employed in most of mainland Europe, the judge plays a much more important role. In addition to observing due process and maintaining order between the parties, the court and judge are actively involved in proving facts, questioning witnesses and discovering the truth.

In such a system, the main goal is to achieve justice and uncover the truth for the individuals and society as a whole by both mandatory presence and actions by the parties, their lawyers, the public prosecutor and the court itself. The court is capable of questioning witnesses, ordering additional investigations, bringing forth its own evidence and examining the case in the ways and order that it deems fit. The judge ultimately evaluates all evidence at hand, conducts his own investigations while collaborating with both parties and finally reaches a verdict that he deems to be the truth. The presence of a jury here is usually reserved for only the most serious of cases.

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Typical trial

A typical trial consists out of several different phases, the first one being the so-called investigative phase. In an inquisitorial system, this is where the public prosecutor collects evidence and decides whether or not to press charges and involve an examining judge. In an adversarial system, this phase is generally conducted pretty much the exact same. The police, prosecutor and defense gather evidence and build their case.

Second comes the examining phase in the inquisitorial system. This phase does not exist in an adversarial system and involves the examining judge to complete the case file and refer it to the actual judge on the merits of the case. He reviews the record, conducts examinations, collaborates with the parties and finishes the collection of evidence before ultimately concluding the second phase.

Finally, the so-called trial phase takes place. In an inquisitorial system, all parties involved are given a record and overview of all the available evidence before the start of the trial. A different judge than the examining one leads the procedure, gives the word to the parties to make their case and is capable of ordering additional examinations or the reviews of witnesses. In an adversarial system, this is where both the prosecutor and defense give their version of the events before a judge and/or jury. They bring forth the evidence and witnesses that they selected when building their case and seek to convince the judge or jury of their rightfulness, typically done so by cross-examination of evidence and witness statements.

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Pros and Cons

Unsurprisingly, there exists no ultimate or vastly superior system. Both have their pros and cons which deserve to be weighted and compared to one another.

The most commonly cited positive of a common law and adversarial system is the flexibility of the system. A judge can keep up with the times and adapt to the societal needs without having to rely on the intervention of the legislator, which is something that can take considerable amounts of time and is often done without much foresight. A second pro is the larger degree of freedom for people drafting a contract. What's in the contract is what is being decided on, period. There's little to no implied clauses or mandatory safeguards, making it a straightforward experience for most lawyers. A final positive is the suggestion that the system provides a better protection against a biased state, as the conduct of the trial is in the hands of the parties and usually a jury.

There are however numerous negatives that deserve to be mentioned. The idea that a biased state with a powerful judge will keep down the common man comes from a time where only the rich upper class could get into law. Nowadays, this idea has little to no truth to it anymore. Additionally, it's commonly suggested that an adversarial system drastically favors the wealthier parties. Rather than an objective search for the truth, it usually ends up being a contest between lawyers to string together the most convincing story blatantly appealing to emotion and to the power of the word. The more money you have, the better the lawyer(s) you can pay and the more convincing you can present your case. It is a system often critiqued for favoring the rich and powerful. The fact that these systems are also more prone to allowing plea bargains or pre-trial settlements contributes to the possibility that the stronger party will "bully" the other into submission. The risk that the pursuit of winning and the accompanied perversion of the court and justice dramatically outshines the hunt for the truth is a very real one.

The positives on a civil and inquisitorial system should be pretty clear. Due to the fact that it employs codified bodies of law that are easily accessible to all, it greatly empowers the people without an education in law. You don't need to have extensive knowledge of numerous court cases, rulings of high courts and matters of precedence as with a common law system, as simply reading the extensive regulations and laws will make a lot of things rather clear to all. Lawyers still have a very important role to play, but matters of law are generally more easily accessible and understandable to your ordinary man in the street. A binding, clear and easily accesible code will provide the necessary information rather than large amounts of court rulings addressing certain aspects of the matter. As mentioned above, this becomes very clear in contractual law where two people can draft a contract and still receive adequate protection for most scenarios without having to worry about writing a 50 page document to cover everything.

It also comes with the added benefit that the actual trials are far less populist. No longer is it the most convincing story bringing a jury to tears brought by some expensive lawyers that win the cases, but it's the judge and court itself that conducts most of the investigation to get to the absolute bottom of things. It's generally considered to be more fair, more justice-based and generally in the hands of an expert of law rather than a jury. In addition, the role of the victim is more fleshed out. They can often become an actual party to the proceedings and obtain a right to inquiry.

The main negative of such a system can be found with a lack of flexibility of the law. When changes are needed, the high courts can rule their cases a certain way and give incentives to the legislator to change the laws, but they cannot set new, binding precedents for new and unseen cases. This whole process can be slow and inadequate, as opposed to a quick court ruling. However, it does rule out the risk of judicial activism crossing certain lines. This does come at a price, as court cases generally take longer, are more in-depth and cost society more.

As for my personal preference
I'd personally go for civil law. I realize that I may be biased because it's the one I'm most familiar with and actually have to apply for most of my academic and professional life, but in the end I do prefer civil.

I think (extensively) codified law is for the best. Not only offers it the most legal certainty for all parties (private persons, judges and the government), but it's also more accessible to the everyday person. As I've come to discover myself, picking up any law or piece of legislation and actually getting to fully understand it is hard, even for civil law systems that work with precise and encompassing laws. Hard, but not as chaotic and complicated as understanding some common law stuff.

Over here, if public opinion changes and the judiciary branch finds something undesirable about a piece of legislation, it gets changed accordingly. The law will be updated and properly adapted. In common law systems, this would generally just lead to more and more rulings and judicial interpretations being piled up, making it incredibly hard and in some cases near impossible for someone without a law degree to get a good understanding of what exactly the law is, as you don't just have to know and understand the codified legislation, but also have to be aware of all relevant rulings on the topic.

I also prefer the role of the judge in civil law systems, which is almost always inquisitorial rather than adversarial. This means that the judge actively participates in the trial by investigating facts, calling upon witnesses, ordering certain measures and investigations... They are not merely the referee between the prosecutor and the defense, relying solely on the parties to the trial to drive the process. It is partially the judge's task to gather evidence and find the truth, rather than to simply decide on which attorney made the best case.

Common law is also much more likely to employ the rulings by peers (as in relying on a jury) for most cases, which is also something I rarely agree with.

Then there's also the typicalities of contract. Civil law generally provides a more specific and encompassing regime for contracts. Certain provisions relating to contracts are codified and provided for by law, as opposed to common law that leaves it wide open. Both have their advantages of course, but civil law allows the "common man" to engage in this matters more easily, as simply referring to certain pieces of legislation can suffice. It doesn't require every little aspect to be written down and determined in the contract, which opens up a lot of debate, back doors and a ton of contractual fraud, errors and discussions. In other words, if you want to draft a contract under common law, you have to include pretty much everything and account for every situation, as if you're drawing on a blank sheet. Under civil law, you can simply refer to the law and regulations for what you're seeking to include in your contract, and only have to specifiy (or deviate) from the provisions of law where you want to.

To conclude, both systems have their clear pros and cons, but I believe that the ideal solution combines elements of both. The civil law codified systems are generally more clear and easily accessible, but are more rigid and less flexible as opposed to the common law ones that are often more convoluted but easily changed and at a highe risk of judicial activism. An inquisitorial approach to law gives the benefit of a more in-depth and truth-oriented analysis, but often takes longer and takes the trial out of the hands of the parties themselves, while an adversarial approach faces harsh criticism for being populist and not as focused on truth, justice and facts, but does put the parties themselves behind the steering wheel of the trial.

194
Serious / Flee Talks Law: Gun Control
« on: October 05, 2015, 01:50:21 PM »
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Flee Talks Law: Gun Control

Warning: lots of text incoming. For a tl;dr, refer to the final part.

I was originally planning on covering this subject later, but the recent events of the Oregon shooting made the topic all the more relevant right now. Discussing gun control with many people both on this website and other forums such as B.net has again revealed how varied and conflicting the opinions are that people hold on this issue. For some reason, my opinion usually seems to stand out and gets a lot of people interested in debating this. After making several different posts about this in other people's threads, I felt it was a good time to make a larger thread covering some of the things I researched. As it's clearly related to law and criminal justice, it also makes for a great first entry in my "Flee Talks Law" series.

As I already mentioned in another two posts of mine, I came into this debate and started my research being as neutral and unbiased as I possibly could. I like to think that this is still the case and that I'm capable of keeping an open mind to both sides of the argument. I have little to no prior bias, am not in any way connected to guns and have desire to keep them for my own purposes, and I am not disgusted by or afraid of others owning guns.

General remarks
What this thread sets out to do: give my own reasoned opinion on gun control in general.

What this thread does not set out to do: deal with every specific (flawed) gun control argument, whether it's pro-gun or anti-gun, or give a definitive suggestion on what should be done. I won't discuss particular aspects of the issue such as, for example, gun free zones, the “Chicago argument” or how legal guns directly fuel the illegal market.

Why this thread focuses primarily on the US: The US is a unique anomaly in the developed world because of its Second Amendment and loose gun regulations. As such, it's extremely interesting to the discussion of gun control. Also, most of the people on this website and those that discuss this subject online are American, so I figured this would be interesting to most.

In my opinion and just like with many other issues, the topic of gun control basically comes down to weighing the pros and cons of certain types of gun control and the private owning, carrying and usage of firearms. As such, I will begin by evaluating what are, in my opinion, the 4 most commonly cited and most compelling “pros” or arguments in favor of easy access to guns and an armed society.

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"Guns are necessary to defend our freedom and democracy. Registration leads to confiscation which, as history shows, in turn leads to tyranny. We need firearms to defend us from foreign and domestic threats and dictators."

While this argument sounds nice in theory, it really does not correspond with the evidence and research at hand. For one, the "Stalin and Hitler took the people's guns before commiting their massacres against a defenseless population" arguments that are often thrown around are mostly incorrect. They did not simply take away the people's guns to commit their attrocities more easily, and there still existed militias and many armed civilians that unsurprisingly managed to do nothing to stop the regimes.

Even more so, strong evidence suggests that especially in our more modern history, the existence of an armed population and presence of militias "overwhelmingly fostered tyranny, not liberty". As should be pretty apparent from looking at the entire developed world outside of the US, there exists no correlation between (strict) gun control and the emergence of tyranny or dictatorships, whether foreign or domestic.

Secondly, it's extremely unlikely that a tyranny will emerge in the US in this day and age. The country has a longstanding history of military tradition and engrained patriotism. The US military is the people. Until the president and chiefs of staff can rely on a completely automatic robot army without morals or doubts, there is no way that your members of the army, navy and airforce would simply turn on the people that they are sworn to protect. They are not going to imprison, enslave or kill their own friends, family and community because they are ordered to do so. There exists a big difference between fighting a foreign enemy and going door to door in your own neighborhood to kill your fellow citizens because they don't agree with what your commander thinks. Additionally, we live in an incredibly global and international society. NATO, the UN and the entire developed world is not going to sit by idly and mind their own business when Obama decides to crown himself dictator for life by somehow completely ignoring the existing system of checks and balances and openly starts shooting political dissidents in the streets or FEMA death camps.

Finally, even if such a tyranny would emerge in present day America, it is very doubtful that the second amendment and privately owned guns would be in any way able to stop this. This is no warzone in a far away land where the united and unified natives use their unmatched knowledge of the terrain and guerilla tactics to fend off an overwhelming opponent. It would not, at all, resemble the militias that fought for America's freedom a few centuries ago. Not only would a rebellion easily be crushed, but the illusion that the American people would unite to fight for freedom and liberty is really just a distant ideal. Much more likely would be that different groups with different interests would take up arms to push their own beliefs over those of anyone else. The idea that a heavily armed populace is the ultimate safeguard of a righteous and free America is not only extremely improbable, but also very dangerous. It only increases the probability that only those with the firepower will be the ones in control and that might will make right. Ultimately, it's not guns that kill or prevent dictatorships. It's the people who do.

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"Guns and shooting are a form of entertainment. Target practice and collecting firearms is a good and fun hobby.
I grew up enjoying firing guns and want that to remain so."

For one, I always thought that this argument is a pretty selfish one. "Despite the fact that our loose gun control and easy access to guns directly contribute to high homicide rates, insane gun violence rates that are only rivaled by third world countries, many preventable suicides, a baffling amount of mass shootings and more gun-related accidents and injuries than any other developed country in the world, I still value my weekly session at the range above the safety, wellbeing and lives of tens of thousands of other innocent people." Sure, it's an argument like any other, but I don't see how the pros of being able to have fun during one specific activity justifies the harm and issues it causes.

Secondly, there is absolutely no reason that (strict) gun control and enjoying guns as a hobby are incompatible. As a point of reference, I will be using my own country here. Belgium is part of the group of Western European countries that have a system of restrictive gun regulations in place. Yet despite this being the case, thousands of people still enjoy guns in productive ways. For example, it's perfectly legal to become part of a hunting society and use firearms to hunt. As such, conventions on hunting and both expos and shows on gun ownership and gun collecting regularly take place. Same thing goes for sport, recreational and competitive shooting, and the possibility of collecting and modifying firearms as a hobby.

Things like these exist in pretty much all countries with strict gun control regulations. They make it pretty clear that just because a country does not encourage private gun ownership and takes pretty restrictive measures to curb gun crime, gun violence and the public carrying of firearms, this does not mean that it's impossible to enjoy shooting and firearms in a recreational or competitive way, or for the purposes of hunting and collecting. They admittedly do make it harder to do so, but I'd say that a person determined to enjoy guns and shooting as a hobby will gladly go through the extra steps to do so, and will ultimately be pleased that these additional safeguards stop a lot of people who shouldn't have a gun and help give responsible gun owners a good name.

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"My right to bear arms is constutionally protected by the Second Amendment. Gun ownership is a universal, fundamental and inalienable right that can't be infringed."

This argument is by far the hardest one to address, as it is mainly situated within a metaphysical and very philosophical field where statistics, data and research isn't of much use. What someone considers to be a fundamental and inalienable right is generally a very personal choice and experience.

However, there are some remarks to be made here. For one, the right to bear arms is by no means “universal”. Out of the 190+ currently existing countries, only 3 (or, arguably, 4) have a constitution that explicitly provides for a right to bear arms, while seemingly just one more (Switzerland) does so through other statutory binding means. Out of those 3, only 1 constitution does not explicitly include a restrictive condition or requirement to the ownership of guns. That one being, of course, the USA with its Second Amendment.

Furthermore, not a single practically universal treaty or agreement on human rights consider the right to bear arms in any way fundamental, inalienable or universal. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic Social and Cultural Rights (combined often known as the International Bill of Rights), the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union and the more regional treaties spanning the Americas or Africa all do not make the slightest mention of any right to own a firearm.

Despite being part of the Amendments that make up the Bill of Rights, it is entirely possible to amend, rewrite or remove an amendment. For example, a popular suggestion is one held by an ex SCOTUS judge that implores the addition of a single sentence to the Second Amendment (“when serving in the militia”) in order to fix many of the existing problems that it creates.

Considering all of the above, I'd wager that the right to bear arms is an American peculiarity that is not recognized by academics and legal experts in virtually any other country or on an international and global scale. The current existence of many gun regulations and court rulings make it clear that “shall not be infringed” does not prevent reasonable restrictions, and it's rather clear that the Bill of Rights and US Constitution can very well be amended or altered.

The founding fathers were in no way flawless and supported practices and regulations that would now be considered proposterous, outdated and downright discriminatory. They lived in a very different day and age, and recognized that changes would probably be necessary. As your very own Jefferson once said, "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

While it's hard to argue that self-defense within reason is a natural right of any man, I do not see how an extremely particular way of exercising that right deserves to be a fundamental right on its own. Going by current international and global standards, I do believe that the right to bear arms is an American anomaly that to most other academics and countries brings about feelings of disbelief and disagreement. It can be changed, is not universally recognized and is a peculiar and strange extension of an already existing human right. It must again be noted that this is very philosophical and personal, but I, for one, do not consider the right to a gun an inalienable and fundamental right of extreme importance, nor does altering or restricting this particular right would result in the slippery slope fallacy of eroding all other human rights.

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"Guns are a tool of self-defense. They give people the chance to fight back and stop criminals.
Criminals don't follow laws in the first place, and the only thing to stop a bad guy with a gun is a good guy with a gun.”

This again seems like a very logically sound argument. “Give people guns and no one will dare to commit any crime as an armed society will keep them in check. Guns being the ultimate equalizer allow people to defend themselves and create a safer, better society.” It's a nice idea, but one that is ultimately untrue. In order to save myself the effort, I am going to quote my own post from the other thread.

Yes, criminals don't follow laws. It's the definition of a criminal. But criminals undeniably do follow some laws some of the time, both out of fear of punishment and because of obstacles to commiting them. And it's been shown many times that making something harder to accomplish or associating negative consequences to it really does deter some people.

Making something harder to do will make it less likely that people will do it. To me, that seems like a pretty common and general truth that also applies to criminal justice. Many crimes are commited in the spur of the moment or on short notice. Sure, there's the professional criminals that spend months planning out the perfect bank robbery or hitmen stalking a target to assassinate, but they are a clear minority. Simple deterrents help in a lot of cases. It's why we have speed bumps on roads, car alarms installed on all modern cars, police patrolling around cities and cameras located at certain places. Someone who is really determined to speed down that road or steal a car won't be completely prevented from doing so, but it does deter many others. As such, it has its use.

Comparatively, making guns harder to obtain reduces gun violence and more often that not homicide rates too. This is backed up by significant amounts of research on this subject. Even though there will always be those who are so determined to commit their crime that they will find more dangerous and expensive ways of obtaining a firearm, stricter access to guns does deter many of those who are not willing to go that far. Those who would've acted in the heat of the moment or who would've only actually gone through with the crime because they had the opportunity to do so will often be deterred by having it made significantly harder to commit the crime. If you make it harder for people thinking of commiting a crime to get their hands on the best tool to do so, less and less of them will actually go through with it. "Criminals routinely respond to incentives, and policies such as background checks and permit-to-purchase requirements demonstrably save lives by reducing criminal access to firearms." All the available data shows that criminals do respond to these laws and that such disincentives undoubtedly deter many of them from going through with the crime they were intending.

That aside, the merits of defensive gun use or "good guys with a gun" are so overstated that they could almost be considered a myth. More gun owners or more guns in general do not equal less crime or violence. There exist source after source after source and then some more and more research and evidence that makes this very clear.

In the US in 2015 alone, there have been over 20 (albeit not all fatal) shootings at schools. About 10,000 gun homicides. Close to 300 mass shootings. Several tens of thousands of gun accidents and injuries. How many incidents of defensive gun use would you pitch against that? A few thousand? A few ten thousand? The answer is not even a thousand cases of defensive gun use, many of which are very often illegal on top of that. Guns, in general, do more harm than good. And the ideal of a good guy with a gun being able to rise up and stop the wrongdoers is just that. An ideal with little reality to it.

People aren't Rambo. Even trained military personnel being deployed in combat zones often choke up and lose it. Same goes for trained police officers dealing with shootings that only land a small percentage of their shots on targets. People with guns will run and hide just the same when someone starts shooting at the crowd you're in, and if they do fight back it's incredibly likely that they will be inaccurate, ineffective and cause simply more chaos or damage to others around them. For everyone but you, there suddenly isn't just one shooter but there's multiple. Another guy with a gun firing away. One that probably isn't an expert marksmen and has no experience with these situations. Even trained policy officers and soldiers struggle with this. Thinking that John Doe will be able to contribute anything good to such a situation in almost all cases does not correspond with reality.

The idea that more guns is good and will protect people from the bad guys has time and time again been shown to not be true. Having a gun on you in public or kept accessible at home for self defense is significantly more likely to result in serious accidents or negative outcomes than it is to be used in an act of self defense. As only 5% of all violent crimes commited by strangers take place at home, guns kept at home (and especially those carried in public) are considerably more likely to harm you or someone close to you than they are to fend off violent intruders. It makes suicide more likely and raises the odds of a fight or quarrel in your home to turn violent, result in injury or end fatally. In general, a gun on you both in public or at home makes you less safe than the other way around.
 
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Cons and conclusions.

From the above, I can personally conclude that the 4 most commonly cited pros and positives of firearm ownership, public carrying and loose gun control tend to not hold much weight. It does not prevent or stop tyranny and will not help you keep defend your liberties. Loose gun control and easy access to firearms is not the only way for people to still enjoy hunting and recreational or competitive shooting. The right to bear arms is not universal and should not be considered a fundamental human right. The founding fathers had their flaws and “because the constitution says so” really does not suffice to protect gun rights. And finally, guns do not make you safer or help a society defend itself better.

After establishing this, it's important to have a look at the cons and negatives of high rates of gun ownership and easy access to firearms. For brevity sake, I'll keep this short. Among others, America's loose gun control is directly related to: incredibly high rates of firearm homicides, very frequent mass shootings, higher rates of gun related deaths and injuries, generally higher homicide rates as close to 70% of America's homicides are commited with firearms, large amounts of (likely) preventable suicides, many instances of illegal (defensive) gun use, more police shootings, a more active and well-fueled black or gray market of illegal arms trade, higher rates of domestic violence and murder, generally higher crime rates and so on.

Now, there is more to this debate than what this brief post can cover. There are socio-economic circumstances and a lot of details to analyse and to discuss. No one in the right mind will claim that simply instating stricter gun control measures will magically fix all of these issues and result in a complete disappearance of gun violence and crime.

But weighing the discussed rather siginificant cons against the few and almost non-existent pros, I personally have come to conclude that many privately owned, carried and easily obtained guns simply do more harm than good. Gun control undoubtedly works. And while I do not necessarily think that an immediate switch to a European system or a sudden massive tightening of gun regulations is the best course of action for the US, I do believe that stricter gun regulations are the clear and logical way to go.

195
The Flood / It's my birthday
« on: October 02, 2015, 05:40:24 PM »
As of 41 minutes ago, I'm officially 23 years old.

Now get me presents or shit, I dunno.

Oh and AMA or whatever.

196
Serious / Flee Talks Law
« on: October 01, 2015, 05:27:59 AM »
Just a quick survey to see how many (if any) of you guys would be interested in me doing some general posts about law stuff.

The academic year has started again and I'm getting back into a more legal mindset after ignoring all this stuff over the summer. As such, I'm regaining interest in reading and writing about some of the stuff that I don't think is too boring. I had the idea of doing some informative posts on this before, but never really got around doing it due to a general lack of interest and time constraints.

So basically: would you people be interested in me doing some general threads talking about certain legal things and law stuff. Most of it would have to be pretty general or with an international focus as I doubt many here would be interested in me going over the details of Belgian law and because I'm not that into UK or US law, but there's still a bunch of rather interesting things to talk about.

Some of the things that came to mind are the differences between the main western legal systems (inquisitorial >< adversarial), judicial activism, international criminal law, cybercrime, the difference between copyright/trademark/patent and how they work, encryption and the law, human rights, criminal law, privacy and data protection, piracy, software and open source protection, international private/public law, diplomacy, space/sea law, the death penalty, international organizations and so forth.

tl;dr is anyone interested in me doing the occasional series on certain interesting topics of law as a general introduction or informative overview?

197
Gaming / Rome 2: Total War
« on: September 25, 2015, 05:41:31 PM »
Just got done installing Rome 2 so I'll be starting my playthrough tomorrow. Any tips or advice from those who already played it? What factions to pick or avoid, what campaign to play (I have all the DLC) and so on? I haven't seriously played a Total War game since the first Rome, so I'm pretty out of touch with the series.

198
Gaming / Total War Humble Bundle
« on: September 24, 2015, 05:26:55 AM »
I rarely buy the humble bundles because it's 99% trash, indie or weebshit (usually all in one), but this one's pretty good and has Total War for a theme. Figured I'd make a thread for those who were unaware that this is going on.

Pay whatever you want for:

- Medieval 2 + all DLC
- Shogun 1 + all DLC

Pay more than $10 for:

- Medieval 1 + all DLC
- Empire + all DLC
- Shogun 2 + all DLC
- Napoleon + all DLC
- a 66% discount coupon for Attila when it launches

Pay more than $15 for:

- Rome 2 + all DLC

And then there's some other stuff like a soundtrack, digital map and other stuff for spin-off games that no one really cares about.


tl;dr $15 for all Total War games (minus Rome 1) + all DLC . Offer expires in 6 days.

I've only sporadically played the games after Rome 1 and Empire, so I'm pretty excited to give the newer ones a go. Any tips from veterans? First gotta get this stuff downloaded though. 20-30gb per game (not including DLC) is quite hefty.

199
Gaming / Pokemon and stuff
« on: September 01, 2015, 02:42:28 PM »
Just a follow up on my last thread, I suppose.

So far, my girlfriend and I are at about 35% of completing the living dex. I much prefer looking for and actually catching pokemon while she likes to breed and level them up, so I'd say we make a pretty good team in that aspect. We've stuck to X and Y for now but traded a few things through the GTS and Wondershare. Pretty neat stuff.

Anyways, point of this thread is my current team. I just beat the 8th gym leader and am about to take on the pokemon league. So far, my main team consists of:

Spoiler
Aggron
-   Double Edge
-   Earthquake
-   Stone Edge
-   Iron Tail

Dragonite
-   Thunder punch
-   Dragon Rush
-   Outrage
-   Earthquake

Trevenant
-   Phantom force
-   X scissor
-   Horn leech
-   Psychic

Greninja
-   Surf
-   Dark pulse
-   Ice beam
-   ?

Blaziken
-   Flamethrower
-   Blaze kick / ?
-   Sky uppercut
-   Aerial Ace

Medicham
-   Hi jump kick
-   Psychic
-   Ice punch
-   ?

Any advice or suggestions? I know that the pokemon league isn't exactly that challenging, but whatever. Just feel like talking about this stuff and hearing from people who know a lot about these games.

And for additional discussion value: what's your go-to team?

201
Gaming / Got Pokemon Y / Living Dex
« on: August 18, 2015, 06:47:17 AM »
Finally got my 2DS and Pokemon Y today, so I can start working on the Living Dex with my girlfriend. The pokemon Y game was used, so the guy before me already had quite a few pokemon, several of which legendaries and rare ones. Even though I'm gonna start a new game to catch them all myself, I'm still gonna transfer a few of those so that I have something to trade with if necessary. Now I've gotta learn all about breeding and such. Should be fun.

Discuss Pokemon and such, or give me advice.

202
Gaming / Pokemon Starter
« on: August 07, 2015, 03:19:29 PM »
Personally thinking of going with Froakie. Not a fan of what Fennekin evolves into and Greninja looks pretty cool.

Which one did / would you pick and why?

203
Gaming / Getting a 3DS / Pokemon
« on: August 06, 2015, 01:45:15 PM »
My previous joke thread aside, I am genuinely considering getting a 3DS. The reason being that my girlfriend has one (the MLP Fluttershy one I posted a pic of). She likes pokemon and despite having not played any of the games since Ruby and Emerald on some random vacation, I do too. Since she finally moved over here and we're now getting to do stuff together, we decided it would be a pretty cool idea to play the games together and to aspire a full pokedex / living dex (or just make a wild attempt at it).

So this thread is about three things, more or less.

I know little to nothing about Nintendo handhelds. Which one do I get? Do all of them play the latest pokemon games or is there a difference? Do I get a 3DS, 2DS or the new one? Am I best off going with the oldest model second hand, or something else? I am looking to spend as little money on this as possible, as X/Y and ORAS is really the only thing I'd use it for. Do they all have online connectivity and trading? Do I need an account / friend code and will it let me trade randoms online? How does all of this work? Any difference between American and Euro models? Region locks? My girlfriend's is American, will we still be able to link and all that?

Secondly, I don't know that much about pokemon. I know the basics and can play the games well, but the whole breeding / shinies / pokebank / gen transfer / EV IV training / online trading is all from past my time. Can anyone explain some of this to me? 

Finally, the pokemon challenge. I read that you really only need XY and ORAS to catch them all. That true? What's the tactics of doing this? Do they still only allow you to have one save? Can I make more and transfer pokemon between saves? Can I easily trade them with my girlfriend? Can you trade between XY and ORAS?

Thanks to anyone who's willing to answer these questions and explain me some of this stuff. You get a gold sunshine sticker and a 10% ban reduction code (enter "SeptaFlee" in your next ban appeal PM to redeem, terms and conditions may apply).

204
Gaming / My 3DS finally arrived
« on: July 20, 2015, 09:26:57 AM »
So I finally got my 3DS in the mail. So far I only have the Super Mario game for it, so I'm open to new suggestions. What do you guys think, and what should I get next?


205
Gaming / Quakecon 2015
« on: July 11, 2015, 08:56:58 AM »
It's that time of the year again, folks. Everybody's favorite and most hyped esport event is coming up shortly, and I felt that it deserved a thread of its own.

Quakecon 2015 will take place July 23 - 26 in Texas and will be livestreamed for all to see and enjoy.

YouTube

As opposed to the previous years, Quakecon will now be employing a tri-masters tournament set-up. No longer will this be a duel only event (1v1 mode), but Capture the Flag and Team Deathmatch will be getting some love too. Players cannot sign up individually but instead have to participate as part of a team.

This year's line-up is brilliant too, as just about every top player will be present. Cypher, Rapha, Evil, Cooller, Dahang, Tox, Strenx and many others will be competing for the $50,000 price pool.

For anyone even remotely interested in FPS games or esports, this is an amazing event with some of the best players in the world competing in what is praised as one of the best games ever made. I'll update this thread with livestreams and such when we get closer to the start.

- General information.
- Quakecon Subreddit.
- Bethesda Blog.

- FPS Pulse for general Quakecon information.
- Plusforward.net for general Quakecon information.
Additionally, and the main reason that I made this thread now, there is a "road to Quakecon" tournament taking place this very weekend. This tournament is online (not through LAN) and has a smaller price pool, but counts as a final meeting / preparation of the players before the actual main event takes place. Today, we're having the main event (being the 1v1 Duel mode), while tomorrow there's going to be team deathmatch and capture the flag between some of the strongest teams. You can watch it all live here. Brackets and general information can be found here.

"But Flee, I am just a casual noob with no interest in games for real men. Why should I watch?"
Well, as you might know, Quake is game made by iD software and Bethesda. While the tournament focuses on Quake, there is a lot more going on that just that. As recently anounced, there will be new footage and demos of Fallout 4, the new DOOM game and the upcoming ESO expansion, along with a massive LAN-party, an amateur league and a build your own computer / case contest at this year's Quakecon. Definitely worth keeping an eye out for, if you're into these things. Besides, this game deserves all the loving it can get.

So for now, come watch the Road to Quakecon tournament where Cypher is just about to play Fazz.

206
The Flood / Wimbledon Grand Finals
« on: July 10, 2015, 11:54:12 AM »
Anyone else watching Wimbledon? Discuss the greatest player time of all time.

For those interested:
- Live scores
- Live stream

Will update links when the game starts.

207
The Flood / I graduated and was on TV, ama
« on: July 05, 2015, 12:12:18 PM »
So my graduation ceremony was today (turns out I graduated with honors / cum laude, so that's good) and the prime minister did the commencement speech. People were interviewed, TV stations were present and I just saw myself on the news. Quite the eventful day, so ama me anything or talk about whatever is going on in your life.

208
The Flood / Hey Class
« on: June 28, 2015, 05:12:25 PM »

209
The Flood / Today is a good day
« on: June 24, 2015, 08:57:24 AM »
I don't usually make very many threads, but today is a good day. After 5 years of slaving and studying my ass off, I just got home from taking my (provided I didn't fail any) last exam at my university / law school. So in a few weeks, I will be receiving my Master's in Law (hopefully with Honors, too). I realize no one will care, but this has occupied my entire adult life up to this point and I started off never expecting to actually succeed, so this is a pretty big day for me that I never really thought would actually come. Figured I'd at least share with some people.

So yeah, discuss whatever or AMA me anything. How have you been, Flood?

210
Serious / MOVED: Would you date a disabled person?
« on: June 18, 2015, 01:47:50 AM »

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