Course:Law3020/2014WT1/Group K/Liberty-Paternalism

March 7, 2014 Liberty and Paternalism: - JSM says that people have autonomy, and questions when individual autonomy should be limited by authorities. o liberty puts a limit on authority, which leads into the tyranny of the majority o the harm principle: that harms are worthy of justification to limit the autonomy of individuals  because of the protection provided by society, we all have an obligation not to harm others within our society. o individuals are NOT an isolated – there are many different ripple effects that individuals could be affected by…

In Khawaja: Mills would have seen that as a child, Khawaja should have been guided by society to make good decisions, however, he wasn’t guided, and so now it’s too late. - Khawaja definitely, according to Mills, had his mature faculties, so the right of liberty applied to him - Mills would also say that he his decisions would be on Khawaja, essentially it’s his fault. Khawaja’s decisions to assist terrorism are his own fault. Mills would also say that there is no tyranny of majority here – because the terrorism legislation is supported and backed by the individuals who elected the MP’s who reform and add to the criminal code. - in Khawaja, he attempted to use the Charter to keep the government in check, but was unable to….the ‘claws of majority’ won because the court said that the overall well-being of society is more important than an individual’s freedoms.

Paternalism: - paternalism says that interference with a person’s autonomy is justified to protect that person In Khawaja: paternalism is not present, because the legislation is not to protect the individual completing the act. The anti-terrorism legislation is protecting the rest of society from that individual’s potentially harmful acts.