Harmless Wrongdoing


Book Description

The 4th and final volume in the series defines the philosophical basis for criminalizing so-called 'victimless crimes', such as pornography and consensual sexual activity.




The Moral Limits of the Criminal Law: Harm to self


Book Description

N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.




Offense to Others


Book Description

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


Book Description

The second volume in the series The Moral Limits of the Criminal Law, this book explicates the "offense principle," clarifies the concept of the "offended mental state," examines pornography and the Constitution, obscenity, and obscene words and social policy.




Criminal Justice Ethics


Book Description

Criminal Justice Ethics, Fourth Edition examines the criminal justice system through an ethical lens by identifying ethical issues in practice and theory, exploring ethical dilemmas, and offering suggestions for resolving ethical issues and dilemmas faced by criminal justice professionals. Bestselling author Cyndi Banks draws readers into a unique discussion of ethical issues by exploring moral dilemmas faced by professionals in the criminal justice system before examining the major theoretical foundations of ethics. This distinct organization allows readers to understand real life ethical issues before grappling with philosophical approaches to the resolution of those issues.




Crimes, Harms, and Wrongs


Book Description

When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak




Moral Uncertainty


Book Description

About the bookToby Ord try to fill this gap. They argue that there are distinctive norms that govern how one ought to make decisions and defend an information-sensitive account of how to make such decisions. They do so by developing an analogy between moral uncertainty and social choice, noting that different moral views provide different amounts of information regarding our reasons for action, and arguing that the correct account of decision-making under moral uncertainty must be sensitive to that. Moral Uncertainty also tackles the problem of how to make intertheoretic comparisons, and addresses the implications of their view for metaethics and practical ethics. Very often we are uncertain about what we ought, morally, to do. We do not know how to weigh the interests of animals against humans, how strong our duties are to improve the lives of distant strangers, or how to think about the ethics of bringing new people into existence. But we still need to act. So how should we make decisions in the face of such uncertainty? Though economists and philosophers have extensively studied the issue of decision-making in the face of uncertainty about matters of fact, the question of decision-making given fundamental moral uncertainty has been neglected. In Moral Uncertainty, philosophers William MacAskill, Krister Bykvist, and Toby Ord try to fill this gap. They argue that there are distinctive norms that govern how one ought to make decisions and defend an information-sensitive account of how to make such decisions. They do so by developing an analogy between moral uncertainty and social choice, noting that different moral views provide different amounts of information regarding our reasons for action, and arguing that the correct account of decision-making under moral uncertainty must be sensitive to that. Moral Uncertainty also tackles the problem of how to make intertheoretic comparisons, and addresses the implications of their view for metaethics and practical ethics.




The Moral Limits of the Criminal Law: Harm to self


Book Description

N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.




Consentability


Book Description

Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.




Harm to Others


Book Description

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.