The moral limits of the criminal law Volume 1, Harm to others / Joel Feinberg.

Format:

Book

Author/Creator:

Feinberg, Joel, 1926- author.

Series:

Moral limits of the criminal law ; v.1

Language:

English

Subjects (All):

Criminal law--Philosophy.

Criminal law.

Criminal law--Moral and ethical aspects.

Crimes without victims.

Physical Description:

1 online resource (xiii, 269 pages) : illustrations

Other Title:

Harm to others

Place of Publication:

Oxford, England : Oxford University Press, [1984]

Language Note:

English

Summary:

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.

Contents:

General Introduction

1. The basic question of the book

2. The concept of moral legitimacy

3. The idea of a liberty-limiting principle

4. Commonly proposed liberty-limiting principles

5. Liberalism

6. Methodology

7. Primary and derivative crimes

8. Alternatives to the criminal law

9. Skepticism

VOLUME ONE: HARM TO OTHERS

1. Harms as Setbacks to Interest

1. Meanings of harm

2. Welfare interests and ulterior interests

3. Interests and wants

4. Harms, hurts, and offenses

5. The manner in which acts and other events affect interests when they harm them

6. The concept of an interest network

7. Legally protectable interests

2. Puzzling Cases

1. Moral harm

2. Other-regarding interests and vicarious harms

3. Death and posthumous harms

4. Surviving interests

5. The proper subject of surviving interests

6. Doomed interest and the dating of harm

7. A note on posthumous wrongs

8. Birth and prenatal harms

3. Harming as Wronging

1. The verbal forms: to harm and to wrong

2. Harming and injuring

3. Moral indefensibility

4. Harming as right-violating

5. Harm and consent: the Volenti maxim

6. The concept of a victim

7. The causal component in harming

4. Failures To Prevent Harm

1. Easy rescue and the bad Samaritan

2. The confusion of active aid with gratuitous benefit

3. Lord Macaulay's line-drawing problem

4. Omissions and other inactions

5. Are legal duties to rescue undue interferences with liberty?

6. The moral significance of causation

7. The consequences of omissions

8. The exclusion of causally irrelevant necessary conditions9. Summary

5. Assessing and Comparing Harms

1. Mediating maxims for the application of the harm principle

2. The magnitude of the harm

3. The probability of the harm

4. Aggregative harms

5. Statistical discrimination and the net reduction of harm

6. The relative importance of the harm

7. The interest in liberty on the scales

8. Summary of restrictions on the harm principle

6. Fairly Imputing Harms

1. Competitive interests

2. Harm to public interests

3. Accumulative harms

4. Environmental pollution as a public accumulative harm

5. Imitative harms

6. Summary of additional restrictions on the harm principle.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from title page (ebrary, viewed June 10, 2013).

ISBN:

0-19-987857-9

0-19-802052-X

OCLC:

922972202