SOSC 2350 Lecture Notes - Lecture 8: Miller Test, Positive Liberty, Slippery Slope
27 Mar 2018
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Key questions: ((cid:883)99(cid:882)(cid:495)s 2015: carter supreme court of canada. It also depends on the rules of the state. Can the state ever be justified in interfering with what consenting adults choose to. Formalism: notion that legal rules form a consistent and complete whole from which the answer to any legal question can be logically deduced simply by discovering the applicable rule and applying it to the facts of the case. Judicial reasoning can yield to legal results (i. e. internally coherent/logical, and can be understood and predicted, abides by its own universal system). Neutrality: legal principles and law are not based on particular group(cid:495)s concern of (cid:498)moral(cid:499) or (cid:498)good(cid:499) (cid:523)i. e. it is culturally neutral, universally recognized as true). Abstraction: the law should operate at a high level of abstraction (generalization) that excludes consideration of the social context (i. e. fair because it is not attached to/have allegiance to a particular culture, or set of norms.
