What is a Social Critic? Or the End of Beatty (at Least as We Have Known Him)

11 Pages Posted: 28 Jul 2008

See all articles by Hamish Stewart

Hamish Stewart

University of Toronto - Faculty of Law

Abstract

This Note has two objectives. First, a definitional confusion in David Beatty's theory of the Charter is clarified. Beatty argues that his emphasis on the less drastic means test is founded upon the Pareto principle. It is submitted that a welfarist rule such as Paretianism cannot support a rights-based criterion such as Beatty's. Second, Beatty's claim that his theory of the Charter is a "social critic model" is criticized. It is submitted that a theory founded upon an instrumentalist rule such as the less drastic means test does not represent true social criticism, which must refer to underlying values.

Suggested Citation

Stewart, Hamish, What is a Social Critic? Or the End of Beatty (at Least as We Have Known Him). University of Toronto Faculty of Law Review, Vol. 49, No. 1, 1991, Available at SSRN: https://ssrn.com/abstract=1177202

Hamish Stewart (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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