The moral limits of the criminal law. Volume 3, Harm to self / Joel Feinberg.

Format:

Book

Author/Creator:

Feinberg, Joel, 1926-2004, author.

Series:

Moral limits of criminal law ; Vol. 3

Language:

English

Subjects (All):

Criminal law--Philosophy.

Criminal law.

Criminal law--Moral and ethical aspects.

Crimes without victims.

Physical Description:

1 online resource (xxiii, 420 pages) : illustrations

Other Title:

Harm to self

Place of Publication:

New York ; Oxford : Oxford University Press, 1986.

Language Note:

English

Summary:

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.

Contents:

Contents

17. Legal Paternalism

1. Diverse meanings of paternalism

2. Types of paternalistic coercive laws

3. Hard and soft paternalism

4. What makes a restriction paternalistic?

5. Legal paternalism, the harm principle, and garrison thresholds

6. Presumptive cases for and against legal paternalism

18. Autonomy

1. Conceptions of personal autonomy

2. Autonomy as capacity

3. Autonomy as condition

4. Autonomy as ideal

5. Autonomy as right

19. Personal Sovereignty and its Boundaries

1. Domain boundaries

2. One's right versus one's good

3. Autonomy contrasted with liberty and de facto freedom

4. Autonomous forfeitures of liberty and autonomy itself

5. Total and irrevocable forfeiture: the riddle of voluntary slavery

6. Alternative rationales for not enforcing slavery agreements

7. Deciding for one's future self: commitment and revocability

8. Personal sovereignty compared with constitutional privacy

9. Alien dignity: some animadversions on Kantianism

20. Voluntariness and Assumptions of Risk

1. The soft paternalist strategy

2. Some preliminary distinctions

3. Voluntariness, reasonableness, and rationality

4. The elusive model of a perfectly voluntary choice

5. Variable standards of voluntariness: some rules of thumb

6. The presumption of nonvoluntariness

7. Examples: dangerous drugs

8. Examples: protective helmets

21. Failures of Voluntariness: The Single-Party Case

1. Direct injury: suicide and self-mayhem as crimes

2. Circumstantial and personal coercion: analogies and differences

3. Classification of voluntariness-reducing factors

4. External compulsion in risk-taking

5. Ignorance and mistake in risk-taking

6. Neurosis

22. Consent and its Counterfeits

1. The soft paternalist strategy for two-party cases

2. The nature and effect of consent

3. When consent is problematic

4. Summary and transition

23. Failures of Consent: Coercive Force

1. The spectrum of force

2. Second party coercion; intent and control

3. Differential coercive pressure: how coercive is coercive enough?

4. Other measures of coercive pressure

5. Subjective and objective standards

6. Moralistic theories of coercion

7. Coercive proposals: offers and threats

8. Norms of expectability

24. Failures of Consent: Coercive Offers

1. Coercive and noncoercive offers

2. Noncoercive enticements

3. Coercion and exploitation: the Zimmerman solution

4. Coercion and exploitation: summary and conclusions

5. Unequal bargaining positions: unconscionability

6. Coercion, voluntariness, and validity

7. Applications to criminal law problems

25. Failures of Consent: Defective Belief

1. Division of categories

2. Misunderstanding over what is being agreed to.

Notes:

Includes bibliographical references and indexes.

Description based on print version record.

ISBN:

0-19-986947-2

1-280-52406-5

9786610524068

0-19-802077-5

1-4237-6419-6

OCLC:

922952617