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Offense To Others

Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 9780198020547
Size: 13.47 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
Publisher: Oxford University Press on Demand
ISBN: 0195052153
Size: 27.94 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
Publisher: Oxford University Press
ISBN: 0199878579
Size: 77.68 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.

Dictionary Of Modern American Philosophers

Author: John R. Shook
Publisher: Bloomsbury Publishing
ISBN: 1847144705
Size: 74.34 MB
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The Dictionary of Modern American Philosophers includes both academic and non-academic philosophers, and a large number of female and minority thinkers whose work has been neglected. It includes those intellectuals involved in the development of psychology, pedagogy, sociology, anthropology, education, theology, political science, and several other fields, before these disciplines came to be considered distinct from philosophy in the late nineteenth century. 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. While all the major post-Civil War philosophers are present, the most valuable feature of this dictionary is its coverage of a huge range of less well-known writers, including hundreds of presently obscure thinkers. In many cases, the Dictionary of Modern American Philosophers offers the first scholarly treatment of the life and work of certain writers. This book will be an indispensable reference work for scholars working on almost any aspect of modern American thought.

Giving Offense

Author: J. M. Coetzee
Publisher: University of Chicago Press
ISBN: 9780226111742
Size: 24.65 MB
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Winner of the 2003 Nobel Prize in Literature. J. M. Coetzee presents a coherent, unorthodox analysis of censorship from the perspective of one who has lived and worked under its shadow. The essays collected here attempt to understand the passion that plays itself out in acts of silencing and censoring. He argues that a destructive dynamic of belligerence and escalation tends to overtake the rivals in any field ruled by censorship. From Osip Mandelstam commanded to compose an ode in praise of Stalin, to Breyten Breytenbach writing poems under and for the eyes of his prison guards, to Aleksander Solzhenitsyn engaging in a trial of wits with the organs of the Soviet state, Giving Offense focuses on the ways authors have historically responded to censorship. It also analyzes the arguments of Catharine MacKinnon for the suppression of pornography and traces the operations of the old South African censorship system. "The most impressive feature of Coetzee's essays, besides his ear for language, is his coolheadedness. He can dissect repugnant notions and analyze volatile emotions with enviable poise."—Kenneth Baker, San Francisco Chronicle Book Review "Those looking for simple, ringing denunciations of censorship's evils will be disappointed. Coetzee explicitly rejects such noble tritenesses. Instead . . . he pursues censorship's deeper, more fickle meanings and unmeanings."—Kirkus Reviews "These erudite essays form a powerful, bracing criticism of censorship in its many guises."—Publishers Weekly "Giving Offense gets its incisive message across clearly, even when Coetzee is dealing with such murky theorists as Bakhtin, Lacan, Foucault, and René; Girard. Coetzee has a light, wry sense of humor."—Bill Marx, Hungry Mind Review "An extraordinary collection of essays."—Martha Bayles, New York Times Book Review "A disturbing and illuminating moral expedition."—Richard Eder, Los Angeles Times Book Review

The Offense Of Poetry

Author: Hazard Adams
Publisher: University of Washington Press
ISBN: 9780295800790
Size: 78.14 MB
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There is something offensive and scandalous about poetry, judging by the number of attacks on it and defenses of it written over the centuries. Poetry, Hazard Adams argues, exists to offend - not through its subject matter but through the challenges it presents to the prevailing view of what language is for. Poetry's main cultural value is its offensiveness; it should be defended as offensive. Adams specifies four poetic offenses - gesture, drama, fiction, and trope - and devotes a chapter to each, ranging across the landscape of traditional literary criticism and exploring the various attitudes toward poetry, including both attacks and defenses, offered by writers from Plato and Aristotle to Sidney, Vico, Blake, Yeats, and Seamus Heaney, among others. "Criticism," Adams writes, "needs renewal in every age to free poetry from the prejudices of that age and the unintended prejudices of even the best critics of the past, to free poetry to perform its provocative, antithetical cultural role." Poetry achieves its cultural value by opposing the binary oppositions - form and content, fact and fiction, reason and emotion - that structure and polarize most understandings of literature and of life. Adams takes a position antithetical to the extremes of both abstract formalism and the politicization of literary content. He concludes with an appreciation of what he calls the double offense of "great bad poetry," poetry so exceptionally bad that it transcends its shortcomings and leads to gaiety. He reminds us that Blake, in The Marriage of Heaven and Hell, identified angels with the settled and coercive and assigned the qualities of energy and creativity to his devils. According to Adams, poetry, in its broad and traditional sense of all imaginative writing, may be identified with Blake's devils.

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 43.41 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Criminalization

Author: R A Duff
Publisher: OUP Oxford
ISBN: 0191043362
Size: 70.26 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? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.