PHILOS 1B03 Lecture 7: Philosophy 1B03 September 29
2 Oct 2014
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Document Summary
The democratic worry again: use of abstract standard in charter answers first democratic worry, the people now v. the people then, entrenchment; dead hand of the past, permits flexible interpretation and adaptation in response to changing circumstances & moral beliefs within democratic community (persons case, people now in charge . Example: same sex marriage, law recognizes moral/legal rights of gay couples to virtually all privileges and opportunities afforded married couples e. g. pensions, taxes, adoption, grounds, personal and social value of committed relationships gay or heterosexual, equality, reason behind legal institutions of marriage. Judge who strikes down legislation restricting marriage to opposite sex couples: does not impose own moral views, applies community"s own moral & legal commitments to equality between gays and heterosexuals, follows community"s own moral & legal precedents , new legal precedent set by judge"s decision (further solidifies commitment, judge not violating democratic principle.
