TODAY’S LECTURE (June 20 , 2011) th
1.) The Harm Principle in Canadian Law: (a) Background to R. vs. Malmo-Levine,
(b) Majority: Should the harm principle be a “principle of fundamental justice?”
NO (c) Dissent: Should the principle “The criminal law cannot imprison someone
who has done nothing wrong” be a p.f.j.? YES (p.f.j = principle of fundamental
2.) Introduction to equality
- Why care that governments treat citizens equally?
3.) Charles Taylor – 2 conceptions of equal treatment
I) The politics of equal dignity
II) The politics of difference
4.) Canadian approach: “the” dignity based approach
Pg. 331 (Hart thinks that the very idea that there can be a general idea of one
principle governing behaviour may just be too simple).
Why would it matter to treat people equally?
- To promote equal opportunities e.g. job opportunities
- Giving everyone certain basic liberties e.g. freedom of thought, expression and
- To promote the idea that everyone is of