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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.
- Sales Rank: #1280150 in Books
- Color: Blue
- Published on: 1988-01-07
- Original language: English
- Number of items: 1
- Dimensions: 6.10" h x 1.20" w x 9.20" l, 1.09 pounds
- Binding: Paperback
- 350 pages
Review
"Feinberg is perceptive, responsive to the existing literature, candid in owning to difficulty, and everywhere calm and sane. This is truly impressive philosophical writing."--Philosophy and Public Affairs
"Original, thought provoking, and vividly argued....His discussion of vulgarity, obscenity, and pornography is a model of clarity and lucidity....One feels impelled to return to the book time and again."--British Journal of Criminology
"An original and profound contribution to both political philosophy and criminal and constitutional law worthy of the great liberal tradition of John Stuart Mill which it develops and deepens. Its combination of precise argument, vivid examples, and beautiful style merges, magically, philosophical rigor, moral depth, and shrewd and probing psychological observation."--David A.J. Richards, New York University Law School
"[The book] lights up the issues with ingenious examples, and addresses them with honesty, lucidity, passion, elegance and wit." -- The Review of Politics
About the Author
Joel Feinberg (Professor Emeritus, late of University of Arizona) was widely recognized as one of America's leading political and social philosophers. Acclaimed both for his ground-breaking scholarship and his exemplary teaching skills, Feinberg published widely on topics such as individual rights, legal theory, capital punishment, the treatment of the mentally ill, civil disobedience, and environmental ethics. Before joining the University of Arizona faculty, he taught at Brown, Princeton, and Rockefeller universities. Feinberg was awarded a Fulbright Scholarship in 1987-88 to work in Japan and served as chairman of the National Board of Officers in the American Philosophical Association in the mid-1980s. Some of the royalties from Reason and Responsibility have been used to establish the Regents Professor Joel Feinberg Dissertation Fellowship in Philosophy at the University of Arizona.
Most helpful customer reviews
0 of 0 people found the following review helpful.
When, if ever, is offense harm?
By Bernard Welt
This is absolutely the best book there is on distinguishing between offense and actual harm. Anybody interested in how speech gets construed as harm--hate speech, trigger warnings especially--should pay close attention.
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