PHILOS 1B03 Lecture Notes - Lecture 1: Sex Club, Indictable Offence, Dominick Fernow
26 Jan 2015
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Document Summary
Obscenity and indecency: the development of the legal meaning of a term with moral implications, such as obscenity and indecency. The big question: what are acts of indecency, the meaning of indecency is, in the canadian law, closely connected to the meaning of obscenity , what does obscenity mean, lets do far, far back into the past and find out! Problems with hicklin test: too vague, overly moralistic, application too easily influenced by subjective moral biases of judge or jury, condemns many reputable works of art & literature. Criminal code of canada section 163: criticisms of hicklin test leads fed gov"t to revise ccc & introduce new explicit definition of obscenity". Brodie: s. 16 first applied in brodie (1962), aka lady chatterley"s lover case , supreme court of canada rejects hicklin test in favour of new canadian. Nb: scc"s interpretation of undue exploitation of sex still deeply moralistic.
