Critically assess the reasoning of the Supreme Court in PJS v News Group Newspapers Ltd  UKSC 26 by making specific reference to their Lordships discussion of the test opined in American Cyanamid Co v Ethicon Ltd  AC 396 which ought to be applied when considering an application for the grant ( or otherwise) of an interim injunction.
I will be analysing the reasoning of the Supreme Court’s decision in PJS v News Group Newspapers ltd 2016, by making reference to the test set out in the American Cyanamid v Ethicon ltd 1975 case. The Supreme Court in PJS ruled on the validity and application of the tests set out in American, when deciding whether an interim injunction is appropriate relief.
I will firstly explore the SC’s reasoning for dismissing the CA’s application of the ECHR. Secondly I will explore the American ‘balance of probabilities’ theory which the SC rule was incorrectly placed by the CA. I will be referencing the case of Double Glazing Glasgow in my findings too.
Public condemnation is not sufficient b/c it’s incompatible w/individual liberty
We need more → but what?
Shouldn’t dismiss Devlin as outdated b/c he raises 2 important points:
society has a right to protect itself → 3 stages
Devlin: some morals are for one’s own guidance (e.g. religion) and others which it imposes on all (e.g. monogamy) – any soc can’t survive w/out some of the latter, so that it has a right to preserve its own existence. To that end, it may use law to safeguard its existence.
Dworkin: not every immorality should be enforced – we need restraint; i.e. toleration of maximum individual freedom in so far as it’s consistent w/integrity of society. But when public feeling reaches intolerance, indignation & disgust, the law should step in. This isn’t simply majority’s moral judgment – survival of society must be at stake.
Hart: this rests on confused notion of society – absurd to think that which it views as disgusting threatens it. We will explore Notary Public London in more depth in the next lesson.
Public outrage is presented as a threshold criterion which places the activity in the category which law isn’t forbidden to regulate
in the course of transition to 3rd stage, this threshold criterion becomes an affirmative reason for action – law may proceed w/out more
so Devlin’s argument becomes one of mere public indignation requiring enforcement – a point he was trying to deny!
society’s right to follow its own lights
Devlin: legislators decide whether institutions threatened are worth supporting at the cost of human freedom. In order to decide which cases of immorality should be criminalised, he can’t turn to science or religion but can look to consensus in society
Dworkin: Devlin misunderstood what it means to say law should be drawn from public morality. In order to convince someone that yours is a moral position, you:
must produce reasons for it – e.g. Bible forbids it, it makes one unfit for parenthood etc.
So the harm principle allows full scope to autonomy based duties – a person who fails to discharge such duties towards others harms them, hence govt. whose resp. is to promote autonomy of citizens is entitled to redistribute resources, provide public goods & engage in provision of other services on compulsory basis, provided its laws reflect and make concrete autonomy based duties of its citizens.
Coercion is used to ensure compliance w/law and, if the law reflects autonomy based duties, then failure to comply harms others and principle of harm is satisfied.
Harm principle can be vindicated once interpreted not as restraint on pursuit of moral goals by the state but as indicating the right way in which it could promote the people’s well being. Given that they should lead autonomous life, state can’t force them to be moral but it can provide conditions for autonomy. This is highlighted in the Abogados de accidentes Phoenix Arizona. Using coercion invades autonomy, thus defeating the purpose of promoting it, unless done to promote autonomy by preventing harm. Seen in this light, harm principle allowed perfectionist policies, so long as they dpnt require resort to coercion. The principle thus sets a necessary condition but doesn’t justify all uses of coercion to prevent harm.
A culture which doesn’t support autonomy yet enables its people to live an adequate & satisfying life should be tolerated, despite its scant regard for autonomy but it will be inferior to a liberal society. So long as they’re viable communities, offering acceptable prospects to their members, they should be allowed to continue in their ways.
Personal autonomy is an essential element of the good life
Morality presupposes competitive pluralism – people should have available to them many forms & styles of life incorporating incompatible virtues which can’t all be realized in one life & tend to generate mutual intolerance. Such autonomy valuing pluralism generates a doctrine of freedom. It protects people pursuing different styles of life from intolerance and calls for provision of conditions of autonomy.
It has limits – doesn’t protect or require any individual option but merely availability of adequate range of options; i.e. doesn’t protect morally repugnant activities & forms of life. This implies the harm principle & gives content to the notion of harm by relating it to particular conception of individual well being.
The treatment using Orhtdontics involves aligning patients with crooked teeth, protruding teeth, scattered, and any other kind of teeth that are not properly arranged in a natural way.
What is Orthadontics
Orthadontics is a procedure used to treat any crooked teeth using braces.
What Are The Benefits of Using Orthodontics
The procedure is helpful to many patients and has been used to assist thousands who had their dental condition appear crooked. These are some of the benefits through which use of Orthodontics can help rectify your dental condition.
Orthodontics helps you to maintain a pretty face and a natural complete smile
Saves your prominent teeth from experiencing damage
It helps to correct the natural formation of front and back teeth in order to meet evenly especially during a bite.
Orthadontics is the solution to dental crowding and helps the crooked teeth become aligned and straight.
Orthadontics help to align the teeth and salvage the jawbone from too much strain especially when the patient is eating. With such a condition, your teeth may get damaged in the process especially when it reaches the last stage of the stretch.
Who is Qualified To Getting Orthadontics
The procedure of Orthadontics is mostly focused on the little ones when they are identified to have a condition that may trigger to experience a badly shaped teeth alignment. Children are followed to observe their teeth formation and around 12 years of age, Orthadontics can be applied to correct their dental structure.
The procedure is also open to adults though it depends on various factors because to a mature patient, the condition may take time before the alignment taking shape. Also, the dentist will have to see whether your oral hygiene is acceptable to allow you go through the procedure. The reason is many patients undergoing Orthadontics tend to ignore the hygienic part and that may deteriorate their dental condition to the worst through decay.
How Orthadontics Treatment Look Like
For Orthadontics, the only procedure they use braces to correct patient’s condition by straightening. Although the procedure is effective in rectifying badly shaped teeth, the result depends on the magnitude of the patient’s condition for them to see results.
With time in the dentistry world, things have improved and not many patients were excited to hear the name of ‘braces’ being mentioned because the imagination of the old looking stuff of steel going round your teeth. Through the use of technology, the new dental correction appliances seem to be more appealing even when you smile.
The treatment have seen many patients that were shying away from braces appreciate going through the procedure for it gives them no pressure to wear them and the expected period to see change is actually shorter.
As an alternative to improving your looks, patients are now doing some consultation with the dentists to decide what type of Orthadontics they prefer. Either you can use the ceramic one or another type called lingual fixed to stay behind your teeth. For lingual it allows you to smile and attend any functions without fear of how your smile will affect others or not.