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PHL271H1 (113)
moreua (12)
Lecture

liberty

7 Pages
126 Views

Department
Philosophy
Course Code
PHL271H1
Professor
moreua

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PHL271 March 16, 2011
AGENDA
-Introduction to liberty and equality
oOur questions
oRelevant Charter rights
-Berlin: what kind of liberty should the state protect?
oNegative liberty – what it is
oThe state should protect it – within limits
oWhen someones negative liberty is sacrificed, there is an absolute loss
oPositive liberty – what it is
oThe dangers of positive liberty
-Mill: what kind of liberty matters?
oSome negative liberties
oPositive liberty to pursue our own good in our own way
-Mills ‘harm principle
oWhat it is, and why Mill thinks the state should respect it
oShould we, as Canadians adopt the harm principle?
Intro to liberty and equality
This course merges case law and how theoretical problems arise
Looking at these two values of liberty and equality
On the one hand there are a lot of philosophers who write about liberty and
equality without having a system in mind
There is also literature addressed to the question of how particular countries
should interpret these rights. That legal writing tends to get bogged done to
doctrinal interpretation
www.notesolution.com
Keep our focus on why we care about these values.
Very broadly speaking philosopher have delineated two types of liberty, positive
and negative. Should we prefer certain kinds of negative liberties or should the
state try to promote positive liberty
When you get the question to equality we dont even agree on what we are
talking about. Some think that equal liberty is respect some thinks it equal
resource distribution.
The Canadian case law
Charter of rights and freedom (appendix 1, pg 1056) how the government ought
to treat its citizens not how citizens should treat each other.
There are a number of rights that have to be protected the government has to
respect when it goes about legislating. Include rights of liberty and equality
Under liberty: fundamental freedoms: religion, peaceful assembly
Section 7: legal rights: right of life and liberty.
How should we understand these liberties. What should we value?
Section protecting equality rights (section 1058): every ind. Is equal before and
under the law.
What exactly is it to treat someone equally?
2.LIBERTY AND BERLINS ARTICLE
* Berlin was a political philosopher writing in 18th century. Analytical philosophy he applied
to political questions. Also historical philosopher.
* in the article his aim is to investigate two different senses of liberty, the negative and
positive
His discussion of negative liberty and what it is
Answers the question what is the area in which the subject should be left to do
(the area within in which one can do whatever they are left to do without
interference)
www.notesolution.com

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Description
PHL271 March 16, 2011 AGENDA - Introduction to liberty and equality o Our questions o Relevant Charter rights - Berlin: what kind of liberty should the state protect? o Negative liberty what it is o The state should protect it within limits o When someones negative liberty is sacrificed, there is an absolute loss o Positive liberty what it is o The dangers of positive liberty - Mill: what kind of liberty matters? o Some negative liberties o Positive liberty to pursue our own good in our own way - Mills harm principle o What it is, and why Mill thinks the state should respect it o Should we, as Canadians adopt the harm principle? Intro to liberty and equality This course merges case law and how theoretical problems arise Looking at these two values of liberty and equality On the one hand there are a lot of philosophers who write about liberty and equality without having a system in mind There is also literature addressed to the question of how particular countries should interpret these rights. That legal writing tends to get bogged done to doctrinal interpretation www.notesolution.com
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