PHL273H1 Lecture Notes - Harm Principle, Fundamental Justice, General Idea
Document Summary
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? . Charles taylor 2 conceptions of equal treatment. 331 (hart thinks that the very idea that there can be a general idea of one principle governing behaviour may just be too simple). 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 equal worth or dignity. Apply the same laws the same way to everyone. Recognizing cultural differences and compensating for historical disadvantage. Eliminating discrimination (might involve elimination of prejudice and religion stereotyping) The politics of equal dignity talks about a universal human potential. Everyone is given the same sets of rights. The politics of difference mentions that our very different actual identities and cultures are worthy of respect.
