POLI 309 Lecture Notes - Mens Rea, Henry Morgentaler, Fundamental Justice
12 Sep 2014
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Morgentaler v the queen (1988, abortion) and the right to life, liberty, and the security of the person (charter section 7) Philosophical: judith thompson on abortion and the unwanted violinist. Theoretical situation in which you wake up attached to a violinist, and you must stay attached to them in order to preserve their life. Asks what one would do and what is the right decision. Thompson used this analogy to knock out the abortion argument regarding dependency. Everyone has the right to life, liberty and security of the person, and the right not to be deprived thereof, except in accordance with the principles of fundamental justice . Procedural versus substantive due process (certain outcomes that will be perceived as inherently arbitrary) in the usa through the 5th and 14th amendments: no person shall be deprived of life, liberty or property without due process of law .
