offense to others the moral limits of the criminal law

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Offense To Others

Author : Joel Feinberg
ISBN : 0198020546
Genre : Philosophy
File Size : 35. 87 MB
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The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.

Harm To Others

Author : Joel Feinberg
ISBN : 9780195046649
Genre : Law
File Size : 51. 6 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.

The Moral Limits Of The Criminal Law Offense To Others

Author : Joel Feinberg
ISBN : 019503449X
Genre : Language Arts & Disciplines
File Size : 58. 15 MB
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The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept ofan "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and socialpolicy, pornography and the Constitution, and the differences between minor and profound offenses.

The Moral Limits Of The Criminal Law

Author : Joel Feinberg
ISBN : OCLC:743430349
Genre : Crimes without victims
File Size : 39. 35 MB
Format : PDF, ePub, Mobi
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The author focuses on the òffence 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.

Harm To Others

Author : Joel Feinberg
ISBN : 9780198021230
Genre : Philosophy
File Size : 67. 65 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.

Harm To Self

Author : Tucson Joel Feinberg Professor of Philosophy University of Arizona
ISBN : 9780198020776
Genre : Law
File Size : 21. 43 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.

Harmless Wrongdoing The Moral Limits Of The Criminal Law

Author :
ISBN : 1280525045
Genre :
File Size : 30. 70 MB
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This is the fourth and final volume of Feinberg's magisterial work, The Moral Limits of the Criminal Law. In it Feinberg examines the philosophical basis for the criminalization of so-called 'victimless crimes' such as pornography and consensual sexual activity. The first three volumes of the work, Harm to Others, Offense to Others, and Harm to Self, are also available in paperback.

Kultureller Rabatt

Author : Tom Frischknecht
ISBN : 9783258074337
Genre : Actions and defenses
File Size : 45. 29 MB
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Overcriminalization

Author : Douglas N. Husak
ISBN : 9780195399011
Genre : Law
File Size : 54. 22 MB
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In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980. Approximately 2.4% of Americans are either on probation and parole. The US has the highest rate of criminal punishment in the Western world. The problem with American criminal law, as the philosopher of law Douglas Husak and many others see it, is that there is simply too much of it. Recent years have seen a dramatic expansion in the amount of criminal statutes, and in the resulting reliance on punishment for convictions under those laws. Husak argues that this is regrettable for several reasons, but most importantly, he says that much of the resulting punishment is unjust, excessive, and disproportionate. He also claims that it is destructive to the rule of law and undermines the principle of legality. What should be done? Husak's goal in this book is formulate a normative theory of criminalization that will allow us to distinguish which criminal laws are justified, and which are not--something he sees this as essential in order to reverse the trend towards too many criminal laws. The first part of his book makes the case that there is both too much criminal law and too much punishment, and clarifies the relationship between the two using empirical data. He then provides examples of dubious criminal laws enacted by legislatures, in particular statutes on drugs possession and guns. The latter part of the book develops his theory, which establishes principles that should set limits (both external and internal to the criminal law) on what we can and should criminalize.

Making The Modern Criminal Law

Author : Lindsay Farmer
ISBN : 9780191058592
Genre : Law
File Size : 25. 36 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

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