Law and liberalism lecture 2017-18.pdf

Law and liberalism lecture 2017-18.pdf - Law and Society...

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Law and Society 2017-18 Law and Liberalism: where is the boundary of law? Anne Cheung 1
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Learning Outcomes to identify the critical factors to be considered in the law and liberalism debate: the boundary of law To explain and apply the major thinkings of Mill; Devlin and Hart on the role of law in the regulation of morality To critically examine the above theories (Sandel) and their relevance to our contemporary lives To prepare for the seminar and apply the theories learnt 2
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Questions for Thought: When is it justified for Law to interfere with our lives? 3
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J. S. Mill (1806-73)- “On Liberty” Subject matter: civil or social liberty Individual liberty vs. state authority Against tyranny of the state: Political rulers The majority: incl those who claimed to represent the people Individual liberty vs. social control What are the forms of social control? Customs; religion; moral sentiments> the likings and dislikings of society 4
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