questions for final exam
STUDY QUESTIONS for Final Exam Phil 2925 December 2013 Short answer questions
1. Cover distinguishes between a static and dynamic view of law: how does this help a judge who accepts Cover’s view avoid some conflicts between law and morality?
2. In what ways is Starry Vere like Lemuel Shaw/
3. What are the three values of free expression cited by the Canadian Supreme Court?
4. When is sexual representation obscene, according to Canadian law?
5. What are sections 1, 15, and 27 of the Canadian Charter of Rights and Freedoms?
6. Explain the 4 constitutional principles the Court affirms in QSR ?
7. What is a reference procedure? How does the Court understand legality and legitimacy?
8. What is a nuisance, and how, according to Feinberg, does one apply the law regulating nuisances? What does the law protect?
9. Explain the 2 senses of “moral” according to Dworkin. How does he use the distinction to criticize Devlin? 10. What is required by Canadian law in order to plead self-defense?
11. What are 3 possible meanings of “reasonable person”? Which is the Law’s?
12. What is the difference between an anthropological use of the term “morality” and our ordinary notion of a “moral” position, according to Dworkin?
13. Why does the Law speak of a reasonable belief rather than a true belief, and why not an honest belief?
14a. Explain Kenealy’s claim that the reasoning is “strange” for introducing the reasonable woman standard for sexual harassment and that it involves a false assumption.
14b Is it victory for gender equality to assess workplace sexual harassment from the perspective of a reasonable woman?
15. What is the principle of comity?
16. *What blocks the claim of unjust enrichment” in Mack?
17. According to R. v. Butler, what conditions must a publication satisfy if it is to count as obscene?
18. In R. v. Keegstra, McLachlin argues that Canada’s hate speech law 319(2) will have a ‘chilling effect’ on expression in
1. Cover distinguishes between a static and dynamic view of law: how does this help a judge who accepts Cover’s view avoid some conflicts between law and morality?
2. In what ways is Starry Vere like Lemuel Shaw/
3. What are the three values of free expression cited by the Canadian Supreme Court?
4. When is sexual representation obscene, according to Canadian law?
5. What are sections 1, 15, and 27 of the Canadian Charter of Rights and Freedoms?
6. Explain the 4 constitutional principles the Court affirms in QSR ?
7. What is a reference procedure? How does the Court understand legality and legitimacy?
8. What is a nuisance, and how, according to Feinberg, does one apply the law regulating nuisances? What does the law protect?
9. Explain the 2 senses of “moral” according to Dworkin. How does he use the distinction to criticize Devlin? 10. What is required by Canadian law in order to plead self-defense?
11. What are 3 possible meanings of “reasonable person”? Which is the Law’s?
12. What is the difference between an anthropological use of the term “morality” and our ordinary notion of a “moral” position, according to Dworkin?
13. Why does the Law speak of a reasonable belief rather than a true belief, and why not an honest belief?
14a. Explain Kenealy’s claim that the reasoning is “strange” for introducing the reasonable woman standard for sexual harassment and that it involves a false assumption.
14b Is it victory for gender equality to assess workplace sexual harassment from the perspective of a reasonable woman?
15. What is the principle of comity?
16. *What blocks the claim of unjust enrichment” in Mack?
17. According to R. v. Butler, what conditions must a publication satisfy if it is to count as obscene?
18. In R. v. Keegstra, McLachlin argues that Canada’s hate speech law 319(2) will have a ‘chilling effect’ on expression in