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Philosophy Exam Review (tutorial and lecture)

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Wil Waluchow

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Section 1 (Review as presented in tutorial) ● 2 hours ● Exam is 2 sections ● Cumulative but bias towards second half, (probably in the 2nd section) ● Sec. A is a short answer section ● knowledge based, fact based ● definitions, positions of philosophers ● what’s mill’s harm principles? ● 4 features of the oake’s test? ● Factual ● Straightforward ● Everything you need off of the powerpoint slides ● Sec. B is a long answer/essay section ● Similar to essays we wrote ● sections we wrote ourselves ● thesis ● answer 1 or 2 essays depending on how it’s gonna be set up ● Will be a choice for which one you end up with ● Don’t worry about sourcing for the essays ● Know positions of philosophers, cite by saying “Feinberg said this…” ● Spelling and grammar isn’t important ● Be clear ● Focus on recent stuff in the course, equality, assisted suicide, hate speech, prostitution as a form of expression ● should know bare bones of the core judgements - court’s reasoning (this is what the course reasoned in butler), relevant tests: Oake’s, relative harm, cstt… ● Don’t ramble on about something that’s not completely related: don’t get any marks for that ● Dialectic structure is nice, but not required (helps the argument) ● Tips: take a few minutes at the beginning of the exam to figure out what you’re gonna do - do some outlines for the questions, “churn out your course” ● Work from easy > hard, don’t work numerically ● Try to study before ● Waldron vs Waluchow ● Waldron: charters aren’t necessary in societies ● Waluchow thinks they are ● Know the difference between their conceptions of charters ● Waldron thinks that they’re serious pre-commitments to values ● Waluchow thinks they’re a nice backdrop for conversations ● Waldron - 2 arguments against charters of rights ● we can’t come to fixed decisions about morals in society ● Waluchow: charters are a lot more modest, don’t represent a fixed point of commitment, more like a living tree and are changeable ● Roach: dialogic judicial review ● Know what he means by a dialogic judicial review: a judicial review that gives power back to the democratic side ● Does so at least in Canada through section 1 and section 33 ● know why he thinks it’s a good thing: 1 it creates dialogue, legislature is a little more careful and willing to engage with the courts on specific legal issues (increases cultural buy in to judicial decisions). Having the ability to override judicial decisions makes society a bit more careful about making decisions and more accepting of them if they knew they had the ability to override it ● Mill and Devlin. Mill: harm principle, notion of the marketplace of ideas ● Harm principle: the only justified reason for restricting peoples’ opinion is that their activities are harming someone else (not offense or bother, has to be harm) has to be good evidence that it’s harming you. This is for legal things and social things (we shouldn’t socially ostracize people for doing things we don’t agree with if they aren’t harming us) - shouldn’t be legal or social consequences ● Marketplace of ideas: Mill is very big on freedom of speech and expression. No matter what, society has a whole bunch of benefits by hearing it. If it’s right then we get to hear the right opinion, if it’s wrong then we can figure out why it’s wrong and have a better idea of why it’s right. ● Devlin: legal moralist position ● Know why he thinks it’s important for a society to have a strong moral framework: he believes you have to have it or the society will fall apart: just as important about having good law ● standard of morality: reasonable man standard - reasonable man off of the street will be able to tell you the moral standard of the society: what society thinks is the correct moral ● Cole: judicial review in times of em
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