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The Moral Limits Of The Criminal Law Volume 3 Harm To Self

Author: Joel Feinberg
Publisher: Oxford University Press, USA
ISBN: 0195059239
Size: 30.30 MB
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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.

Offense To Others

Author: Joel Feinberg
Publisher: Oxford University Press on Demand
ISBN: 9780195052152
Size: 37.36 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.

The Moral Limits Of The Criminal Law Offense To Others

Author: Joel Feinberg
Publisher: Oxford University Press, USA
ISBN: 9780195034493
Size: 68.65 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.

Harm To Others

Author: Joel Feinberg
Publisher: Oxford University Press on Demand
ISBN: 0195046641
Size: 29.21 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.

Harmless Wrongdoing

Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 0198021232
Size: 62.69 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.

Mediating Principles

Author: Andrew von Hirsch
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832919337
Size: 63.62 MB
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Der vorliegende Band dokumentiert die Beiträge zum Thema "Mediating Principles bei der Strafbegründung", die auf einer im Dezember 2004 organisierten Tagung auf dem Landgut Castelen bei Basel vorgetragen und diskutiert worden sind.

The Bloomsbury Encyclopedia Of Philosophers In America

Author: John R. Shook
Publisher: Bloomsbury Publishing
ISBN: 1472570561
Size: 20.74 MB
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For scholars working on almost any aspect of American thought, The Bloomsbury Encyclopedia to Philosophers in America presents an indispensable reference work. Selecting over 700 figures from the Dictionary of Early American Philosophers and the Dictionary of Modern American Philosophers, this condensed edition includes key contributors to philosophical thought. From 1600 to the present day, entries cover psychology, pedagogy, sociology, anthropology, education, theology and political science, before these disciplines came to be considered distinct from philosophy. Clear and accessible, each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings and suggestions for further reading. Featuring a new preface by the editor and a comprehensive introduction, The Bloomsbury Encyclopedia to Philosophers in America includes 30 new entries on twenty-first century thinkers including Martha Nussbaum and Patricia Churchland. With in-depth overviews of Waldo Emerson, Margaret Fuller, Noah Porter, Frederick Rauch, Benjamin Franklin, Thomas Paine and Thomas Jefferson, this is an invaluable one-stop research volume to understanding leading figures in American thought and the development of American intellectual history.

The Criminal Justice System And Health Care

Author: Suzanne Ost
Publisher: Oxford University Press, USA
ISBN: 0199228299
Size: 12.40 MB
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This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and amarked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of question, and the criminal law has become a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on theappropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up. The book takes euthanasia as a primary example of the issues raised by the intersection of health care and the criminal law, and questions whether health care issues appropriately fall within the remit of the criminal justice system.

Soul Self And Society

Author: Edward L. Rubin
Publisher: Oxford University Press
ISBN: 0199348677
Size: 53.67 MB
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Political and social commentators regularly bemoan the decline of morality in the modern world. They claim that the norms and values that held society together in the past are rapidly eroding, to be replaced by permissiveness and empty hedonism. But as Edward Rubin demonstrates in this powerful account of moral transformations, these prophets of doom are missing the point. Morality is not diminishing; instead, a new morality, centered on an ethos of human self-fulfillment, is arising to replace the old one. As Rubin explains, changes in morality have gone hand in hand with changes in the prevailing mode of governance throughout the course of Western history. During the Early Middle Ages, a moral system based on honor gradually developed. In a dangerous world where state power was declining, people relied on bonds of personal loyalty that were secured by generosity to their followers and violence against their enemies. That moral order, exemplified in the early feudal system and in sagas like The Song of Roland, The Song of the Cid, and the Arthurian legends has faded, but its remnants exist today in criminal organizations like the Mafia and in the rap music of the urban ghettos. When state power began to revive in the High Middle Ages through the efforts of the European monarchies, and Christianity became more institutionally effective and more spiritually intense, a new morality emerged. Described by Rubin as the morality of higher purposes, it demanded that people devote their personal efforts to achieving salvation and their social efforts to serving the emerging nation-states. It insisted on social hierarchy, confined women to subordinate roles, restricted sex to procreation, centered child-rearing on moral inculcation, and countenanced slavery and the marriage of pre-teenage girls to older men. Our modern era, which began in the late 18th century, has seen the gradual erosion of this morality of higher purposes and the rise of a new morality of self-fulfillment, one that encourages individuals to pursue the most meaningful and rewarding life-path. Far from being permissive or a moral abdication, it demands that people respect each other's choices, that sex be mutually enjoyable, that public positions be allocated according to merit, and that society provide all its members with their minimum needs so that they have the opportunity to fulfill themselves. Where people once served the state, the state now functions to serve the people. The clash between this ascending morality and the declining morality of higher purposes is the primary driver of contemporary political and cultural conflict. A sweeping, big-idea book in the vein of Francis Fukuyama's The End of History, Charles Taylor's The Secular Age, and Richard Sennett's The Fall of Public Man, Edward Rubin's new volume promises to reshape our understanding of morality, its relationship to government, and its role in shaping the emerging world of High Modernity.