HUMA 1825 Lecture : Outline_for_Lecture_on_Butler_and_Labaye._February_27_2012.docx
Document Summary
Pornography and public morality: v. butler [1992] 1 s. c. r. Importance of the subject matter and the search for a theory of harm. Takeaway: (i) the inter-relation of the theory and the case law and (ii) another. Charter case on the limits of freedom of expression; what a constitutional law case entails: the law is on trial ; the course of analysis and the application of the irwin toy and oakes tests. [t]he sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. Harm for mill is not moral disapprobation reconfigured as harm.
