Moral Limits Of The Criminal Law

Author : Joel Feinberg
Publisher : Oxford University Press
ISBN 13 : 0198020546
Total Pages : 351 pages
Book Rating : 4.47/5 ( download)

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Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1988-01-07 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Douglas Husak
Publisher : Oxford University Press
ISBN 13 : 9780198043997
Total Pages : 248 pages
Book Rating : 4.96/5 ( download)

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Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joel Feinberg
Publisher : Oxford University Press, USA
ISBN 13 : 0195052153
Total Pages : 351 pages
Book Rating : 4.52/5 ( download)

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Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joel Feinberg
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Moral Limits of the Criminal Law: Harmless wrongdoing written by Joel Feinberg and published by . This book was released on 1988 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joel Feinberg
Publisher : Oxford University Press, USA
ISBN 13 : 0195059239
Total Pages : 445 pages
Book Rating : 4.36/5 ( download)

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Download or read book The Moral Limits of the Criminal Law: Volume 3: Harm to Self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1989-08-17 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles the riddles associated with the commonly proposed principle called 'legal paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter.

Author : Joel Feinberg
Publisher : Oxford University Press, USA
ISBN 13 : 0195064704
Total Pages : 411 pages
Book Rating : 4.04/5 ( download)

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Download or read book Harmless Wrongdoing written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joel Feinberg
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.39/5 ( download)

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Download or read book The Moral Limits of the Criminal Law: Harm to others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

Author : Joel Feinberg
Publisher :
ISBN 13 : 9780195034097
Total Pages : pages
Book Rating : 4.90/5 ( download)

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Download or read book The Moral Limits of the Criminal Law written by Joel Feinberg and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.78/5 ( download)

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Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

Author : Herbert Packer
Publisher : Stanford University Press
ISBN 13 : 9780804780797
Total Pages : 404 pages
Book Rating : 4.9X/5 ( download)

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Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.