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  • Essay / The Community Tolerance Test - 1317

    When an indecent or obscene act takes place, being tolerant does not exactly mean that you are not at risk with these acts. The Community Tolerance Test (CSTT) is designed to examine what society can tolerate versus what it prefers or does not prefer. The harm-based test seeks to charge any act of indecency that is harmful or poses a risk of harm to an individual or corporation. This is why, between the CSTT and the Harm Test, it is preferable to use the Harm Test to determine obscene and indecent acts in Canada, because it is more aimed at the safety of individuals and society in general. Harm-based testing takes a deeper look at different types of indecent harm to society, ensures that no one is wrongly accused of being harmful, and finally, it is much more effective and reasonable than the tolerance test. There are different types of tests. of indecent or obscene acts that can actually affect society as a whole. Being intolerant of an act does not necessarily mean it is harmful to you or society. The harm test ensures that not only are you tolerant of this act, but you are also out of harm's way should an indecent or obscene act take place. The harm test sets out three different types of harm that can support a finding of indecency: "1. Confronting members of the public with conduct that significantly interferes with their autonomy and freedom, 2. predisposing others to conduct antisocial, 3. physically or psychologically harm those involved in the conduct” (339). As you can see, the harm criterion comes into play. in depth examining the different types of harm people could face when exposed to acts of indecency or obscenity. Unlike the tolerance test, the harm test looks at middle of paper... no act is wrongly accused of being harmful when it is completely harmless, much like the accusations against Club L storm through the test of community standards. The harm-based test is reasonable and effective and has become the most effective way to ensure whether or not an act is indecent or obscene. There are many different reasons why the harm test is a better test when determining acts that are offensive to society, but the primary reason it is the best possible test to use is that the The number one priority of this test is to ensure that, ultimately, the security and well-being of Canadian society are still intact. Works Cited Dyzenhaus, David, Sophia Moreau and Arthur Ripstein. “RV Labaye.” Law and morality: readings in philosophy of law. 3rd ed. Toronto: University of Toronto Press, 2007. 336-341. Print.