HARM TO OTHERS MORAL LIMITS OF THE CRIMINAL LAW

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Harm To Others

Author : Joel Feinberg
ISBN : 9780195046649
Genre : Law
File Size : 48.35 MB
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This book focuses on the 'harm principle', the common-sense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation.
Category: Law

The Moral Limits Of The Criminal Law

Author : Joel Feinberg
ISBN : LCCN:83013431
Genre : Crimes without victims
File Size : 29.41 MB
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This book focuses on the 'harm principle', the common-sense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation.
Category: Crimes without victims

The Moral Limits Of The Criminal Law

Author : Joel Feinberg
ISBN : UOM:39015013940559
Genre : Language Arts & Disciplines
File Size : 20.17 MB
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The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.
Category: Language Arts & Disciplines

Harm To Self

Author : Tucson Joel Feinberg Professor of Philosophy University of Arizona
ISBN : 9780198020776
Genre : Law
File Size : 69.45 MB
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This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, coercive force, incapacity, and choice of death.
Category: Law

Offense To Others

Author : Joel Feinberg
ISBN : 9780195052152
Genre : Law
File Size : 50.90 MB
Format : PDF
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The author focuses on the 'soffence principle', the principle that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. He examines the differences between minor and profound offences as well as the conceptual, moral, and judicial problems raised by obscenity, pornography, and 'dirty' words.
Category: Law

The Ends Of Harm

Author : Victor Tadros
ISBN : 9780199554423
Genre : Law
File Size : 68.82 MB
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How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Category: Law

Overcriminalization

Author : Douglas Husak
ISBN : 0198043996
Genre : Law
File Size : 51.24 MB
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The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Category: Law

Harmful Thoughts

Author : Meir Dan-Cohen
ISBN : 1400825059
Genre : Philosophy
File Size : 61.32 MB
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In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most vital concerns of legal and moral theory. Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self. Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law.
Category: Philosophy