PHILOS 1B03 Lecture Notes - Lecture 11: Hicklin Test
21 Apr 2016
School
Department
Course
Professor
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 portion has tendency: to deprave or corrupt those whose minds are open to such immoral influence, and into whose hands a publication of this sort may fall. Criticisms of the 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. Brodie case: s. 16 first applied to the brodie case (1962), aka lady chatterley"s lover case, scc rejects the hicklin test in favour of new canadian standards test (cstt) Determined by measuring x against national cst: 2. Identity of cst determined by judge or jury: 4. Cstt not the only test of undue exploitation .
