PHL 612 Study Guide - Fall 2018, Comprehensive Midterm Notes - Prostitution, Paternalism, Norm Social
12 Oct 2018
School
Department
Course
Professor
PHL 612
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Week 1 Lecture 1 Notes
Definition of Argument
- Process of reasoning and advancing proof; mode of explaining and defending one’s
actions and beliefs
- Construction of language and logic, to convince ourselves and others of a position
- Elements/Components of Arguments:
- Claims, Support, Warrant
Features of Strong Arguments
- Compelling and Persuasive Claims
● Well Supported Claims (Value Claims supported by appeals to human needs, and
concerns; Fact Claims supported with empirical evidence)
● Logical, Consistent, Reasoning Represented
● Key Terms clearly comprehensively defined
● Avoidance of Fallacies
Conceptual Frameworks
● Many concepts and definitions of law
● Validity of law
● Normativity of Law
● Justification of Law
Three Cluster Concepts of Law
1. Law as Custom
2. Law as State-Based (Separation of Law and Morality)
3. Law as Justice or Right (Overlap with Morality)
Theories to be covered
● Normative Theories:
○ John Stuart Mill’s Harm Principle
○ Gerald Dworkin’s Typology of Paternalism
○ Plus: Ronald Dworkin’s Interpretivism
● Critical Perspectives:
○ Critical Disability theory
○ Critical Race theory
○ Feminist Legal theory
Controversial Issues: Past and Present
find more resources at oneclass.com
find more resources at oneclass.com
- Abortion
- Adultery
- Euthanasia/ MAID
- Gambling
- Hate Speech
- Marijuana (Rec Use)
- Polygamy
- Pornography
- Prostitution/ Sex Work
- Same sex marriage
Medical Aid in Dying (MAID)
- Issue: Decriminalization of active, voluntary euthanasia, specifically MAID
- The Litigants/Applicants: Sue Rodriguez (1993)
- Gloria Taylor, Kay + Lee Carter (2012)
Punishment for Active, Nonvoluntary Euthanasia
- The Accused: Robert Latimer
- The Victim: Tracy Latimer, his daughter
- Issues: Should killing motivated by ‘mercy’ be treated the same as ordinary murder?
What is the appropriate punishment for active nonvoluntary euthanasia
- Principles: Denunciation, Deterrence, Quality of Life, Sanctity of life and wrongness of
killing
Adult Prostitution/ Sex Work
- Issue: Decriminalization of Adult Prostitution
- Result: Supreme Court, in consensus decision, declared sections of CCC
unconstitutional (with one year suspension for legal reform to take place)
- Follow Up: Former Federal government passed new provisions of CCC
Bedford, Lebovitch and Scott
- The Litigants/Applicants: Terri-Jean Bedford, Valerie Scott + Amy Lebovitch
Rationales for Freedom of Expression
- SCC has articulated rationales for freedom of expression as follows:
- Seeking and attaining the truth is an inherently good activity;
- Participation in social and political decision-making (democracy) is to be fostered
and encouraged;
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Process of reasoning and advancing proof; mode of explaining and defending one"s actions and beliefs. Construction of language and logic, to convince ourselves and others of a position. Well supported claims (value claims supported by appeals to human needs, and. Compelling and persuasive claims concerns; fact claims supported with empirical evidence) Three cluster concepts of law: law as custom, law as state-based (separation of law and morality, law as justice or right (overlap with morality) Issue: decriminalization of active, voluntary euthanasia, specifically maid. Gloria taylor, kay + lee carter (2012) What is the appropriate punishment for active nonvoluntary euthanasia. Principles: denunciation, deterrence, quality of life, sanctity of life and wrongness of killing. Result: supreme court, in consensus decision, declared sections of ccc unconstitutional (with one year suspension for legal reform to take place) Follow up: former federal government passed new provisions of ccc. The litigants/applicants: terri-jean bedford, valerie scott + amy lebovitch.
