An essay discussing the intersection of law and morality using a Canadian Supreme Court case on obscenity.
Written in 2006; 1,125 words; 2 sources; $ 44.95
Paper Summary:
The question of the intersection of law and morality is one that has been the subject of debate among philosophers and jurists for centuries. In this essay the debate between Patrick Devlin and H. L. A .Hart with respect to the relationship between law and morality is explored with reference to R. v. Butler, a decision of the Supreme Court of Canada on the question of obscenity. The paper argues that in the Butler decision the Supreme Court adopted the utilitarian justification - as described by Hart - in its approval of the limitation of the freedom of expression of Donald Butler.
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