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 : 73. 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.

Offense To Others

Author : Joel Feinberg
ISBN : 9780195052152
Genre : Law
File Size : 43. 88 MB
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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.

Harm To Others

Author : Joel Feinberg
ISBN : 9780198020523
Genre : Philosophy
File Size : 61. 53 MB
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This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

The Moral Limits Of The Criminal Law

Author : Joel Feinberg
ISBN : 0195034090
Genre : Law
File Size : 48. 12 MB
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Harm To Self

Author : Tucson Joel Feinberg Professor of Philosophy University of Arizona
ISBN : 9780198020776
Genre : Law
File Size : 82. 99 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.

The Moral Limits Of The Criminal Law Offense To Others 1985 1987 Printing

Author : Joel Feinberg
ISBN : LCCN:83013431
Genre : Criminal law
File Size : 65. 26 MB
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Harmless Wrongdoing

Author : Joel Feinberg
ISBN : 9780198021230
Genre : Philosophy
File Size : 46. 37 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 Others

Author : Joel Feinberg
ISBN : 9780199878574
Genre : Philosophy
File Size : 55. 96 MB
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This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Offense To Others

Author : Joel Feinberg
ISBN : 0195052153
Genre : Law
File Size : 31. 95 MB
Format : PDF, Docs
Download : 176
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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.

Overcriminalization

Author : Douglas N. Husak
ISBN : 9780195399011
Genre : Law
File Size : 46. 31 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.

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