Rights and Moderate Deontology

Flashcards covering key vocabulary and concepts related to rights, deontology, and significant legal principles discussed in the lecture.

Rights Revolution

A significant change in how rights are perceived and discussed, primarily starting in the 1960s, emphasizing dignity, equality, and respect.

Moderate Deontology

A moral theory where harming an innocent person is forbidden up to a threshold, beyond which it may be permissible.

Consequentialism

An ethical theory that judges whether something is right based on its outcomes or consequences.

Utilitarianism

A form of consequentialism that advocates for actions that maximize overall happiness or utility.

The Oakes Test

A legal test used to determine if a law that infringes on rights can be justified under section 1 of the Canadian Charter of Rights and Freedoms.

Absolute Deontology

A moral framework stating that it is always wrong to harm an innocent person, regardless of the consequences.

Pressing and Substantial Objective

A necessary condition for justifying limitations on rights under the Oakes Test, requiring a significant objective behind the law.

R v. Ryan (2013)

A court case discussing the principles of self-defence, emphasizing lawful resistance to force.

Proportionality

A principle in law that the means of achieving an objective must be appropriate and directly related to the rights being limited.

Charter of Rights and Freedoms

A Canadian document that guarantees individual rights and freedoms, subject to reasonable limits.

Constraints in Rights

Rights act as limitations on actions that could infringe on the rights of others, overriding consequentialist considerations.

Hate Propaganda

Communications that promote hatred against identifiable groups, regulated under the Criminal Code.

Majority Opinion

The decision or view held by more than half of the judges in a court case, representing the authoritative judgment.

Minority Opinion

The reasoning or view of the judges who disagree with the majority in a court case, offering an alternative perspective.

Section 2 of the Charter

Part of the Canadian Charter that guarantees fundamental freedoms, including freedom of expression.