In a series of landmark decisions since 1990, Canadian courts have
shaped a distinctive approach to the regulation of obscenity, hate
literature, and child pornography. Missing from the debate,
however, has been any attempt to determine whether the legal status
quo can be justified by reference to a framework of moral/political
principles. The Hateful and the Obscene is intended to fill that
gap. L.W. Sumner brings philosophical depth and theoretical rigour
to some of the most important and difficult questions concerning
free expression. Building on a framework set out by J.S. Mill -
that a legal restriction of expression is justified only when the
expression in question is harmful to others and when the benefits
of the restriction will exceed its costs - Sumner shows how the
Canadian courts have replicated Mill's framework in their
interpretation of the Canadian Charter of Rights and Freedoms. The
Hateful and the Obscene is a compelling interpretation of freedom
of expression that combines serious philosophical thought with a
focus on Canadian law, thus maintaining the breadth to deal with
both obscenity and hate literature.
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