PHIL 120W Lecture Notes - Lecture 2: Harm Principle
3 Oct 2016
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Document Summary
Pornographic material featuring consenting adults is regulated through the obscenity provision of the criminal code (section 163). Therefore, porn between consenting adults is legal in canada, unless it is deemed to be obscene. The rationale = harm via attitudes towards women a direct link between obscenity and harm to society is hard to establish. There is sufficient evidence that depictions of degrading and dehumanizing sex do harm society, and, in particular, adversely affect attitudes toward women. Lap dancing is not characterized as a form of expression therefore ruled as obscene. Husband and wife swapping clubs ruled not to be obscene. The state may prohibit activities that undermine the moral fiber of society. It is not necessary to show that anyone in particular is harmed by changes to that fabric. Used in lord devlin"s argument for the criminalization of gay sex. The harm principle: states may prohibit activities only if those activities harm other people without their consent.
