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Offense To Others

Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 9780198020547
Size: 75.82 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.

The Moral Limits Of The Criminal Law Offense To Others

Author: Joel Feinberg
Publisher: Oxford University Press, USA
ISBN: 9780195034493
Size: 78.75 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.

Harmless Wrongdoing

Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 0198021232
Size: 72.29 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.

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 17.17 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.

The Right Not To Be Criminalized

Author: Dr Dennis J Baker
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497593
Size: 11.98 MB
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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

Offense Defense And War

Author: Michael E. Brown
Publisher: MIT Press
ISBN: 9780262265270
Size: 17.31 MB
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An overview of offense-defense theory, which argues that the relative ease of offense and defense varies in international politics. Offense-defense theory argues that the relative ease of offense and defense varies in international politics. When the offense has the advantage, military conquest becomes easier and war is more likely; the opposite is true when the defense has the advantage. The balance between offense and defense depends on geography, technology, and other factors. This theory, and the body of related theories, has generated much debate and research over the past twenty-five years.This book presents a comprehensive overview of offense-defense theory. It includes contending views on the theory and some of the most recent attempts to refine and test it.

Fifty Five Positive Steps Black People Can Take To Preserve Themselves Into The 21st Century

Author: Michael W. Cromwell
Publisher: iUniverse
ISBN: 0595762565
Size: 76.78 MB
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The American black is a unique individual, with a unique past and history that needs to be preserved. The American black is not a saint; neither is he a ghost. But he is flesh and blood, a human being that needs to be respected and treated fairly. But the treatment must first come through the manner in which the American black presents himself or herself to the world. Fifty-Five Positive Steps Black People Can Take to Preserve Themselves into the 21st Century provides psychological, physical and spiritual suggestions on how American blacks can empower themselves and therefore empower the race, through one another. Always with an eye on history and a hope for communal unity of some kind, Fifty-Five Steps encourages American black people to do two things: to remember their past, where they come from, always; and to become well rounded people where they are now. And the two concepts are not mutually exclusive. Blacks can be all that they can be, love themselves and their history pridefully and still exist in the climate of modern America. Lastly, Fifty-Five Steps was written in reaction to a growing belief that "blackness" is dead or dying, that black Americans have been absorbed or assimilated. On the contrary, Fifty-Five Steps asks the black readers to love one another and to come together in a final stand for the integrity of essential blackness.

Crimes Harms And Wrongs

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1847316573
Size: 52.64 MB
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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

Criminalization

Author: R A Duff
Publisher: OUP Oxford
ISBN: 0191043362
Size: 53.46 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.