Tag Archives: Dualism Research

Improving Homeland Security through Dualist Identity Card Schemes and Mass Surveillance: Interviews with a Victim of Public Sector Brutality and a Licensed Alcohol Seller

Improving Homeland Security through Dualist Identity Card Schemes and Mass Surveillance: Interviews with a Victim of Public Sector Brutality and a Licensed Alcohol Seller

Jonathan Bishop

Citation

Jonathan Bishop (2017). Improving Homeland Security through Dualist Identity Card Schemes and Mass Surveillance: Interviews with a Victim of Public Sector Brutality and a Licensed Alcohol Seller. In: Homeland Security: Perceptions, Threats and Challenges for the Next Administration. Nova Science Publishers: New York, NY.

The Need for a Dualist Application of Public and Private Law in Great Britain Following the Use of “Flame Trolling” During the 2011 UK Riots: A Review and Model

The Need for a Dualist Application of Public and Private  Law in Great Britain Following  the Use of “Flame Trolling”  During the 2011 UK Riots: A Review and Model

Mugabi Ivan and Jonathan Bishop

Abstract

Since time immemorial, the legal systems of Great Britain have often been spoken of highly as pinnacles of democracy. However, the split between criminal law and tort law have often caused problems where the police has often focused on the prosecution of people in poverty and where only the wealthy can afford to use the system. This chapter discusses the extent and limitations of existing measures to tackle computer-related crime, particularly with regards to the abusive kind of Internet Trolling, namely “flame trolling.” The chapter recommends further research to establish whether it should be the case that in a society based on dualism that criminal and civil cases should be held at the same time, and that in both instances those being accused of an offence or tort should be allowed to bring a counter-claim. It is discussed that in such a system the cases that would be brought are where there is a clear victim who had no part in the offence against them, such as murder, rape, theft and burglary, which are usually carefully planned and orchestrated acts.

Full Text

Reference

Ivan Mugabi and Jonathan Bishop (2015). The Need for a Dualist  Application of Public and Private  Law in Great Britain Following  the Use of “Flame Trolling”  During the 2011 UK Riots: A Review and Model. In: Maurice Dawson & Marwan Omar (Eds.).  New Threats and  Countermeasures in  Digital Crime and Cyber  Terrorism. Hershey, PA: IGI Global. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/the-need-for-a-dualism-application-of-public-and-private-law-in-great-britain-following-the-use-of-flame-trolling-during-the-2011-uk-riots.pdf

Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain

Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain

Jonathan Bishop

Abstract

This article proposes the need for ‘dualism’ in the legal system, where civil and criminal offences are considered at the same time, and where both the person complaining and the person responding are on trial at the same time. Considered is how reforming the police and judiciary, such as by replacing the police with legal aid solicitors and giving many of their other powers to the National Crime Agency could improve outcomes for all. The perils of the current system, which treats the accused as criminals until proven not guilty, are critiqued, and suggestions for replacing this process with courts of law that treat complainant and respondent equally are made. The article discusses how such a system based on dualism might have operated during the August 2011 UK riots, where the situation had such a dramatic effect on how the social networking aspects, such as ‘Internet trolling’, affected it.

Full text

Reference

Jonathan Bishop (2014). Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain. European Journal of Law Reform 16(1), pp. 154-167. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/internet-trolling-and-the-2011-uk-riots.pdf

Response to the Open Public Services White Paper

The UK Government has Published its White Paper on Open Public Services. Their priorities are:

  • Choice – wherever possible we will increase choice
  • Decentralisation – Power should be decentralised to the lowest appropriate level
  • Diversity – Public services should be open to a range of providers
    Fairness – We will ensure fair access to public services
  • Accountability – Public services should be accountable to users and taxpayers.

Crocels has responded to it in depth as you can see at the bottom of this post. We suggest that the following questions need to be answered in response to it. Comments are welcomed from visitors to this site by using the form below.

Enabling the Big Society

1. The White Paper asks about empowering public sector staff to take control of their own services in new enterprises like mutuals. Equally, how can the skills of members of the public be raised so that they may be emancipated from the controlling state, where they may have a voice at the ballot box, but have little choice in the decisions made for them?

2. The White Paper envisages actively encouraging new providers, of all sizes and from all sectors, to deliver public services. How can those elected representatives who believe in the means of production, distribution and exchange being in the hands of the State and imposed by democratically elected governments, be transitioned to a people-led society where government plays a smaller role than at present?

Changing Models of Enforcement

3. The White Paper says the Government wants to involve independent champions like Which in open public services. Crocels agrees with this in principle and ask: Would a body like this make a better job of enforcing trading standards than local authorities?

Education

4. The White Paper speaks about school and university admissions. Would it be fairer if the top 5% of students at every school, regardless of the marks of the candidate get given an A* grade? This could mean those from disadvantaged areas could meet admission criteria for elite universities even though there is still work to do in improving local provision.

5. The White Paper speaks about the English Baccalaureate. Would it not be better to have a system similar to Bologna to harmonise qualifications across the EU while using Europass Mobility to explain local curricula?

6. The White Paper speaks about the Pupil Premium and school funding. Could the Pupil Premium be used to allow greater choice and mobility of pupils beyond catchment areas, such as on the basis of the successful Assisted Places Scheme?

7. The White Paper speaks about improving school funding arrangements. As in the previous paragraph, could this be done of the basis of choice so the funding goes directly to schools picked by the students parents and by-passing the local authorities?

Healthcare and Disability

8. The White paper talks about various health funding schemes such as for sufferers of chronic health conditions, adult social care, and support for special educational needs (SEN) and disability. Would it not be best if these various pots of money were given to the persons preferred P4+choice service provider, for example Bupa/AXA/etc. in the case of healthcare, or charities like the NAS for people with autism or RNIB for people who are blind, who are currently financed from Direct Payments?

Economic Models

9. What changes need to be made to economic models based on financial capital so that they take account of the “mass-collaboration” drive of the Big Society, where volunteers and involunteers’ give or are made to give their time often only being exposed to opportunity cost.

10. Could the ‘P4+contingent’ model be the mandatory option for those out of work? Could this mean they will always be available for work should they be needed to cover for people who have withheld their labour?

Law Enforcement

11. Would a P4+gov body as the enforcer against everyday trespasses, like drunk and disorderly behaviour and other anti-social offences using P4+self ‘contingent workers’ be more cost effective than the current employee-based policing structure?

12. Will this proposed localised non-criminal resolution of trespasses, where something is a crime if the person feels ‘bleasured’ and this is found to be proven through ‘actus reus’ and ‘malum reus’ more quickly resolve ‘crime’ than the current system?

13. Would a protracted dualist judicial process discourage vexatious claims and reduce the likelihood of ‘ambulance chasers’ trying to make a quick profit?

14. Would removing police from day-to-day trespasses, where they stand likely to lose their jobs is crime is reduced, and replacing them with charities who have an interest in the victim, and insurance companies worried about their bottom line be more likely to lead to the resolution of ‘crimes’?

Cross-border use of welfare and tax and law enforcement

15. Does it make sense that National Insurance be used to fund health-care and social services support for UK Citizens wherever in the EU they are?

16. Would having a welfare system modelled on the ‘student loan’ system mean that other EU Nationals would have to pay back the ‘benefit payments’ they claimed in the UK when they go back home or anywhere else in the world?

17. Would having cross-border IT systems which flag-up registered offenders when they approach risk-areas, make it easier for EU Citizens to self-enforce the law through people-sector organisations like Neighbourhood Watch or other P4+gov initiatives?

18. Would EU-wide private-sector provided systems like Google Latitude make it easier for EU citizens to intercept property stolen from other EU citizens?

Detailed Response on Scribd

Crocels’s Reponse to Government White Paper on Open Public Services – Towards a P4 Mixed Economy//

Your Point of View

If you have answers to the questions above or any other views please make them in the reply form below