Harm to Others / Edition 1 by Joel Feinberg | 9780195046649 | Paperback | Barnes & Noble
Harm to Others / Edition 1

Harm to Others / Edition 1

by Joel Feinberg
     
 

ISBN-10: 0195046641

ISBN-13: 9780195046649

Pub. Date: 02/05/1987

Publisher: Oxford University Press

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

Overview

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.

Product Details

ISBN-13:
9780195046649
Publisher:
Oxford University Press
Publication date:
02/05/1987
Series:
Moral Limits of the Criminal Law Series, #1
Edition description:
REPRINT
Pages:
288
Product dimensions:
9.25(w) x 6.00(h) x 0.63(d)

Table of Contents

General Introduction: The Basic Question of the Book
* The Concept of Moral Legitimacy
• The Idea of a Liberty-Limiting Prinviple
• Commonly Proposed Liberty-Limiting Principles
• Liberalism
• Methodology
• Primary and Derrivative Crimes
• Alternatives to the Criminal Law
• Skepticism
VOLUME ONE: HARM TO OTHERS
I Harms as Setbacks to Interest: Meaning of "Harm"
* Welfare Interests and Ulterior Interests
• Interests and Wants
• Harms, Hurts, and Offenses
• The Manner in which Acts and Other Events Affect Interests When They Do Harm
• The Concept of an Interest Network
• Legally Protectable Interests *
II Puzzling Cases: Moral Harm
* Other-Regarding Interests and Vicarious Harms
• Death and Posthumous Harms
• Surviving Interests
• The Proper Subject of Surviving Interests
• Doomed Interest and the Dating of Harm
• A Note on Posthumous Wrongs
• Birth and Prenatal Harms *
III Harming as Wronging: The Verbal Forms: To Harm and to Wrong
* Harming and Injuring
• Moral Indefensibility
• Harming as Right-Violating
• Harm and Consent: the Volenti maxim
• The Concept of a Victim
• The "Casual Component" in Harming *
IV Failing to Prevent Harm: East Rescue and the Bad Samaritan
* The Confusion of Active Aid with Gratuitous Benefit
• Lord macauley's Line-Drawing Problem
• Omissions an Other Inactions
• Are Legal Duties to Rescue Undue Interference with Liberty?
• The Moral Significance of Causation
• The Consequences of Omissions
• The Exclusion of Causally Irrelevant Necessary Conditions
• Summary *
V Assessing and Comparing Harms: Mediating Maxims for the Application of the Harm Principle
* The Magnitude of the Harm
• The Probability of the Harm
• Aggregative Harms
• Statistical Discrimination and the Net Reductiom of Harm
• The Relative Importance of the Harm
• The Interest in Liberty on the Scales
• Summary of Restrictions on the Harm Principle *
VI Fairly Imputing Harms: Comparative Interests
* Harm to Public Interests
• Accumulative Harms
• Environmental Pollution as a Public Accumulative Harm
• Imitative Harms
• Summary of Additional Restrictions to the Harm Principle *
Notes
• Index

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