PHILOS 1B03 Lecture Notes - Lecture 23: Sexually Transmitted Infection, Hicklin Test, Brothel
15 Apr 2016
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Document Summary
Harm and the community standards of tolerance test: from brodie to labaye. Pre-1959, canadian courts used the hicklin test (england 1868) to determine the obscene and indecent. Material obscene if any porion has tendency: to deprave or corrupt those whose minds are open to such immoral inluences, and into whose hands a publicaion of this sort may fall . Criisms of hicklin test: too vague, overly moralisic, applicaion too easily inluenced by subjecive moral biases of judge or jury, condemns many reputable works of art and literature. Criicism of hicklin test leads fed gov"t to revise ccc and introduce new explicit deiniion of. S. 16 irst applied in brodie 1962, aka lady chaterley"s lover caser . Scc rejects hicklin test in favour of new canadian standards of tolerance test (cstt) Purpose of cstt: to determine what amounts to undue exploitaion of sex, or of sex, and (sec 163) Nb: scc"s interpretaion of undue exploitaion of sex sill deeply moralisic.
