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Unformatted text preview: P HL Test 4 Review Liberty Limiting Principles justify the limitation of individual liberty 1. Harm and offence used most The Ha rm Principle 1. Justified to prevent harm to others 2. Most widely accepted 3. One person harms others personal injury, damage to general welfare of society 4. Mill only legit principle 5. Used when t rying to establish a causal relationship between watching porn and sex crimes 6. Fighting words doctrine related to 7. Questions: 1. How harmful must an act be? 2. How much evidence is needed to outlaw the act? 1. Somethings obviously harmful to others easily outlawed 2. Somethings not as obvious ex. smoking The Paternalism P rinciple 8. Justified to prevent harm to self 9. Mill gov. can't meddle in citizens private lives 10.Laws like helmet/seatbelt laws, suicide laws, drug laws, 11.Used then trying to establish exposure to porn dehumanizes/depersonalizes with frequent exposure 12.Krecz says: 1. Why dont I have to right to kill myself? 2. Hard to come by a good reason for a law like this 3. These laws actually give more liberty, not limit it, ex. bridge out sign saves lives 4. Penalties generally lighter than for harm to others The Legal Moralism P rinciple 13.Justified to prevent immoral behavior 1. Enough of community thinks something is immoral or wrong can outlaw it, 14.Enforce morals kidnapping, murder, fraud, 1. Appeals to harm principle so 2. Specifically used for victimless crimes gambling, pot smoking, sexual behavior 15.Mill accepts only to prevent tyranny of the majority 1. If people are always t rying to use this principle, will create a tyranny of majority 16.Used when trying to establish porn is morally repugnant; allows community to enforce moral convictions 17. Principle you are using is false or it does not apply 1. Say its immoral and reason is it harms someone, using the harm principle, not the immorality principle 2. Krecz says worst principle The Offence P rinciple 18.Justified to prevent offence to others 1. To the public 2. Causes shame, embarrassment, disgust of onlookers 19.Used also to protect non-consenting adults 20.Enough of community doesnt like something, legislature can outlaw it 21.Krecz finds many things offensive but doesnt mean they should be outlawed 1. What about Obama hate speech/death threats? 2. Works if the lost freedom is small not large Longino vs. Wicclair Longino 1. Pro-censorship of her definition of pornography (feminist point of view) 2. To her, pornography = endorsing/recommending degrading or abusive sexual behavior 1. Not erotica = sexual behavior where both people treated equally and fairly 2. Women are portrayed 1. Degradingly: passive, slavish, dependent on men, 2. Violently: killed, tortured, raped (gang raped), mutilated, bound 3. As a sex object to be used by men 4. Suggests all women mean yes when they say no they like being raped, degraded, etc....
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This note was uploaded on 10/25/2010 for the course PHL 304 taught by Professor Leon during the Spring '08 term at University of Texas at Austin.
- Spring '08