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Final

Final study guide

2 Pages
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Department
Philosophy
Course Code
PHLB11H3
Professor
Ingrid L.Stefanovic

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Waluchow: defend Charter
The or thodox conception of charters is is not effective as the anti charter arguments are too
strong against it. For this reason the Living tree conception is created. The living tree conception
is a great alternative to the or thodox conception as it retains the benefits of charters and avoids
anti-charter objections.
The or thodox conception: charters of rights and freedoms provide a stable fixed point of
agreement on, and pre-commitment to, moral limits on the legitimate exercise of government
authority. It protects the minor ity, against moral blindness, and the values central to democracy.
Charter legalizes certain rights that majority may not know.
Problem of reasonable disagreement: citizens can disagree on charter rights because it is a
democracy fatal to orthodox picture of charters
Anti Charter arguments:
1. Charter violates democratic ideal of self-government ignore will of people
2. Majority cannot be trusted to protect rights of individuals (Hobbsean predators). Charter
expresses an inconsistent view of citizens
3. Judges as platonic kings: no reason to believe judges are more suitable
4. Judges and the elites of society: judges are elites who decide charter cases in a way that
suppresses members of marginalized groups
5. Threat of radical dissensus (problem of reasonable disagreement)
Living tree/common law conc eption: charters as legal instruments that must be allowed to grow
and adapt to new contemporary circumstance and new beliefs about justice. Ensures consistency
of laws with cur rent conception of justice and is open to change in society (technological +
moral).
-Secures constitutional protect of rights t hat receive widespread agreement
-Common law tradition allows them to avoid bad precedents
-Charters express the public commitment of a nation to fundamental rights and freedoms
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Description
Waluchow: defend Charter The orthodox conception of charters is is not effective as the anti charter arguments are too strong against it. For this reason the Living tree conception is created. The living tree conception is a great alternative to the orthodox conception as it retains the benefits of charters and avoids anti-charter objections. The orthodox conception: charters of rights and freedoms provide a stable fixed point of agreement on, and pre-commitment to, moral limits on the legitimate exercise of government authority. It protects the minority, against moral blindness, and the values central to democracy. Charter legalizes certain rights that majority may not know. Problem of reasonable disagreement: citizens can disagree on charter rights because it is a democracy fatal to orthodox picture of charters Anti Charter arguments: 1. Charter violates democratic ideal of self-government ignore will of people 2. Majority cannot be trusted to protect rights of i
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