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
ISBN-10:
0195046641
ISBN-13:
9780195046649
Pub. Date:
02/05/1987
Publisher:
Oxford University Press
Harm to Others / Edition 1

Harm to Others / Edition 1

by Joel Feinberg
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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 , #1
Edition description: Reprint
Pages: 288
Product dimensions: 9.02(w) x 6.02(h) x 0.82(d)

About the Author

University of Arizona, Tucson

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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