PHL 612 Lecture Notes - Lecture 1: Antipositivism, Paternalism, Robert Latimer

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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.

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