Government, Legal, Society

Electronic signatures can be written into the law

LAW COMMISSION

SIGNING on the dotted line has been the seal on deals and contracts for hundreds of years. But the supremacy of the traditional written signature could be nearing its end as the Law Commission has ruled that it can be replaced with a typed name or even the click of a button.

The Government’s independent legal adviser has released a report stating that e-signatures can be treated as equivalent to written ones. The report could have implications for documents including Last Powers of Attorney, which must be signed manually, as well as credit agreements and land sales.

Currently many businesses are afraid to use e-signatures because they are concerned they could be challenged in court.

In one case, the commission said, a large organisation has its documents signed manually before scanning them and then shredding the originals, a practice it described as “inefficient”. Electronic signatures can take forms including a typed name, clicking on “I accept” on a website, using a finger or stylus on a touchscreen and using a password or Pin code.

The guidance raises the prospect that an email with a name typed at the bottom of it or even an email header could be treated as a signed document.

The commission has opened a consultation on whether a new law is required to enshrine the legal validity of e-signatures, but said it is “not persuaded at present” that this is absolutely necessary, because the law is already in force. “Our provisional view is that the combination of EU law, statute and case law means that, under the current law, an electronic signature is capable of meeting a statutory requirement for a signature if an ‘authenticating intention’ can be demonstrated,” it said.

The Law Commission says that recent rulings made in the High Court and the Court of Appeal set enough of a precedent for there to be no need for a new law. European law also says that e-signatures should not be treated as less effective than physical ones.

The commission also suggested that, in future, signing could be witnessed via webcam or Skype, something the law does not currently allow for.

“We provisionally propose that it should be possible for a witness to observe an electronic signature by video link and then attest the document by affixing their own electronic signature to it,” the commission said.

In the future, it said, the law could even allow a second person to virtually witness an e-signature by signing into an online platform so they can see it appear in real time.

The Law Commissioner said: “Contract law in the UK is flexible, but some businesses are still unsure if electronic signatures would satisfy legal requirements. We can confirm that they do, potentially paving the way for much quicker transactions for businesses and consumers.

“And not only that: there’s scope, with our proposals for webcam witnesses, to do even more to make signing formal documents more convenient and to speed up transactions.”

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Africa, Aid, Britain, Business, Economic, G7, Government

Britain: Aid cash to be used in boosting trade with Africa

FOREIGN AID BUDGET

THERESA May has pledged to use Britain’s overseas aid budget to boost post-Brexit trade with Africa.

She told an audience in Cape Town that she is “unashamed” of her ambition to ensure the multibillion-pound pot “works for the UK”.

The Prime Minister said that from now on Britain’s foreign aid budget will not only help combat poverty, but support “our own national interest”.

It comes after the bloated aid budget – now standing at almost £14billion a year – has come under fire as officials struggling to spend the money quickly enough have donated to a series of increasingly controversial projects.

Mrs May said funds will be specifically used to “support the private sector to take root and grow”. This means Britain will employ its aid to help create the conditions for UK businesses to have confidence to invest in Africa.

She also said the funds should go towards boosting security and tackling terrorism in the continent – a move to which she insists will make the UK safer.

The money will also be used to encourage potential migrants to stay in Africa so they are not tempted to make the dangerous journey to Europe.

The commitment comes amid the UK’s huge foreign aid budget struggling to maintain public support. Critics have long opposed David Cameron’s controversial policy and target of spending 0.7 per cent of national income on overseas aid.

The target has meant huge increases in aid spending in recent years – and guarantees it will continue to grow.

Public anger has grown given some of the examples of how the money is spent. These include a £5.2million grant to girl band Yegna, nicknamed the “Ethiopian Spice Girls”, whose funding was only halted last year.

Downing Street will now hope that the announcement of a realignment of spending will help convince voters of its worth.

The Department for International Development gives around £2.6billion a year in bilateral aid to Africa. The Prime Minister has also announced a new ambition to make Britain the G7’s largest investor in the continent within four years.

At present the U.S. is the largest contributor to African investment, but Mrs May aims to leapfrog it by 2022.

In Cape Town, the Prime Minister talked about changing the face of the UK’s aid spending in Africa both to reflect the continent’s rapid growth and to benefit Britain. There is a huge opportunity for British trade in a post-Brexit world. Mrs May’s three-day trip to the African continent will also take in visits to Nigeria and Kenya.

The PM said: “It is the private sector that is the key to driving that growth – transforming labour markets… And the UK has the companies that can invest in and trade with Africa to do just this.

“The private sector has not yet managed to deliver the level of job creation and investment that many African nations need.

“So I want to put our development budget and expertise at the centre of our partnership as part of an ambitious new approach – and use this to support the private sector to take root and grow.

“I am unashamed about the need to ensure that our aid programme works for the UK.

“I am committing that our development spending will not only combat extreme poverty, but at the same time tackle global challenges and support our own national interest.

“This will ensure that our investment in aid benefits us all, as is fully aligned with our wider national security priorities.”

The Prime Minister also set out why working with Africa to deliver jobs, investment and long-term stability is in the interests of Britain and the wider world.

Mrs May pointed out that Africa needs to create millions of new jobs every year to keep pace with its rapidly growing population, adding: “The challenges facing Africa are not Africa’s alone.

“It is in the world’s interest to see that those jobs are created, to tackle the causes and symptoms of extremism and instability, to deal with migration flows and to encourage clean growth. If we fail to do so, the economic and environmental impacts will swiftly reach every corner of our networked, connected world.

“And the human impacts . . . will be similarly global.”

Addressing the issue of British trade, Mrs May said: “As Prime Minister of a trading nation whose success depends on global markets, I want to see strong African economies that British companies can do business with in a free and fair fashion.

“Whether through creating new customers for British exporters or opportunities for British investors, our integrated global economy means healthy African economies are good news for British people as well as African people.

“I want the UK to be the G7’s number one investor in Africa, with Britain’s private sector companies taking the lead in investing the billions that will see African economies growing by trillions.”

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Arts, History, Philosophy

(Philosophy) Marx: On Religion and Faith

Religion is the sign of the oppressed . . . it is the opium of the people.” Karl Marx (1818–1883)

THE philosopher, social scientist, historian and revolutionary, Karl Marx, is, for good or ill, the most influential socialist thinker to emerge in the nineteenth century. Although he was largely ignored by scholars in his own lifetime, his social, economic and political ideas gained rapid acceptance in the socialist movement after his death in 1883. Until quite recently almost half the population of the world lived under regimes that claimed to be Marxist. This very success, however, has meant that the original ideas of Marx have often been modified by the forces of history and his theories adapted to a great variety of political circumstances, for the most part detrimental to those upon whom they have been enforced. In addition, the fact that Marx delayed publication of many of his writings meant that it has been only recently that scholars have had the opportunity to appreciate Marx’s intellectual stature.

Marx, and his associate Friedrich Engels, developed a philosophy known as dialectical materialism. This essentially is the merger of the ideas of dialectics and materialism, which surmise that all things in the universe are material, that evolution is constantly taking place at all levels of existence and in all systems, that defined boundaries are manmade concepts that do not actually exist in nature, and that the universe is an interconnected unified entity in which all elements are connected to, and dependent upon, each other. The philosophy holds that science is the only means by which truth can be determined.

TO understand Marxism, you must understand the eighteenth- and nineteenth-century Enlightenment. Marx was part of a larger movement in German Enlightenment philosophy; his ideas didn’t come out of nowhere, they were an extension of the theories that had been developing in Europe throughout the 1600s, 1700s and 1800s. Marx was a member of the Young Hegelians, which had formed after the famous German philosopher Hegel’s death. Hegel’s philosophy was based on the dialectic.

After Hagel’s death, his philosophy continued to be taught in Berlin and an ideological split occurred among the students of Hegel’s teachings. Eventually a right, centre and left branch of the ideology emerged, the Young Hegelians taking up the leftist branch of Hegelian thought. They began using Hegel’s dialectical method to openly criticise Hegel’s own work, attempting to prove that Hegel’s own philosophy, when fully extended, supported atheistic materialism. The Young Hegelians criticised religious institutions and, as a result of this, many of them were denied professorship at institutions around what was to become Germany and further afield. Thus began Marx’s period of disassociation from his relatively wealthy origins and his move towards the austerity that was to last the rest of his life. He ended up living and writing his greatest work, Das Kapital, in London and is buried in Highgate Cemetery.

Marx’s own contribution to Hegelian debate was to write the Critique of Hegel’s Philosophy of Right, which contained in its introduction the oft-paraphrased paragraph: “Religious suffering is at one and the same time the expression of real suffering and a protest against real suffering. Religion is the sigh of the oppressed creature, the heart of a heartless world and the soul of soulless conditions. It is the opium of the people.”

MARX viewed religion as a consequence of man’s relationship to the means of production. It was a result of man’s unhappiness with life and man’s lack of understanding of social and economic forces. Therefore, the Marxist position on religion is: 1) that criticism of religion and the advance of science are important weapons for combating religious views; and 2) that religion will never be fully eliminated until man has control over the economy and man is no longer alienated from productive forces.

It is a misconception to believe that Marx was saying that religion was a metaphorical drug, created, maintained and tolerated by the ruling class to keep the masses happy. Marx was actually concerned with far more weighty problems. Among other things, he was describing the basic human conditions under which an abstract human being could exist. “Man is the world of man, state, society,” he concluded, and the concept of God was a necessary invention in an “inverted world”. Once the world was right side up, the idea would not be needed. In other words, religion was a requirement of the proletariat to deal with their living conditions. Once the revolution had created a just and purposeful society, the need to believe in anything other than that which “is” or that which has material existence would be gone.

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