May 16, 1985 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. This first volume in the fourvolume series the moral limits of the criminal law focuses on the harm principle, the commonsense view that. The second section engages feinberg s work on rights and. The first volume in joel feinbergs fourvolume series the moral limits of the criminal law, harm to others focuses on the harm principle, the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of coercive legislation. This essay will argue against the notion that the harm principle is the only concept that is appropriate to use when contemplating to limit the liberty of citizens in a democratic state. For free speech advocates, this claim is something of a truism. Known as the harm to others principleor harm principle for shortmills simple sentence emerged, in the hands of h. Aug 30, 2016 feinberg therefore supplements his harm principle with a second principle permitting interference with nonvoluntary actions that involve a setback of interests feinberg 1986, pp.
Feinberg defines harm as a wrongful setback of an interest, and he explains how the harm principle bears on particular contexts and cases by articulating and defending a number of mediating maxims. Feinberg, joel the moral limits of the criminal law. Tunick spring 2000 the harm principle and other libertylimiting principles. However, it is clear from feinberg s formulations of the offense. The moral roots of environmental attitudes matthew. The offense principle, which feinberg also defends, can be stated as follows. Project muse from the harm principle to harm decisionism.
Content analyses of newspaper opeds study 2a and publicservice announcements study 2b found that contemporary environmental discourse is based largely on moral concerns related to harm and care, which are more deeply held by liberals than by conservatives. Offense to others moral limits of the criminal law. He is known for his work in the fields of ethics, action theory, philosophy of law, and political philosophy as well as individual rights and the authority of the state. Feinberg clarifies the concept of an offended mental state and further contrasts the concept of offense with harm. The first volume, harm to others, defines and qualifies the harm principle, the relatively noncontroversial but potentially allencompassing notion that the need to prevent harm private or public to parties other than the actor is always an appropriate. Instead, he adopts the argumentum ad hominem technique. In a society that values expressive liberty, being offended by the speech of others is one of the burdens we all have to bear. It might seem to do so by allowing the state to regulate all kinds of behavior.
The goal of the harm principle was to limit the states ability to regulate behavior by ruling most behavior out of bounds. What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens. Collapse of the harm principle similarly, in the pornography debate, professor catharine mackinnon has proposed influential administrative and judicial measures to regulate pornographic material. Harm to others joel feinberg moral limits of the criminal law. But as i mention in the text, the rough distinction he offers is suf. The collapse of the harm principle northwestern university. This is the third volume of joel feinbergs highly regarded the moral limits of the criminal law, a fourvolume series in which feinberg skillfully addresses a complex question. In the first volume, feinberg looks at the principle of harm to others or the harm principle which john stuart mill identified as the only liberty. Joel feinberg abstract this first volume in the fourvolume 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. The first volume in joel feinbergs fourvolume series the moral limits of the criminal law, harm to others focuses on the harm principle, the commonsense.
Joel feinberg, whose harm to others is the first volume in a projected four volume study entitled the moral limits of the criminal law, is professor of philosophy. In his recent book, harm to others, joel feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. Feinbergs theory of preposthumous harm volume 25 issue 4 w. I suspect that, due to these worries and others, feinbergs treatment of the distinction between offense and harm is ultimately too imprecise to cover all cases. In harm to self, feinberg discusses various problems about selfinflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, coercive force, incapacity, and choice of death. This is the third volume in feinbergs mammoth tetralogy the moral. 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. John stuart mill articulated this principle in on liberty, where he argued that the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. The harm principle holds that the actions of individuals should only be limited to prevent harm to other individuals. In essence, feinberg s goal is to develop moral principles to which legislatures may repair in deciding what to criminalize. Nov 12, 2014 feinberg states that an act of offense should be considered a good enough reason to interfere with the liberty of a citizen in a democratic state. Reformulating mills harm principle mind oxford academic. Freedom of speech stanford encyclopedia of philosophy. In this volume, feinberg focuses on the meanings of interest, the relationship between interests and wants, and the distinction between wantregarding and idealregarding analyses of interest and hard cases for the aplication of the concept of harm.
This first volume in the fourvolume 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. Offense to others by joel feinberg, 1985 online research. However, it is clear from feinbergs formulations of the offense. Feinberg states that an act of offense should be considered a good enough reason to interfere with the liberty of a citizen in a democratic state. We can also use the verb to offend meaning to cause another to experience a mental state.
In the second volume, offense to others, feinberg distinguishes harm from. Feinberg does not argue for liberalism directly by appealing to omoral primitiveso or oselfevident truthso harm to others, p. The second section engages feinbergs work on rights and. The first volume in joel feinberg s fourvolume series the moral limits of the criminal law, harm to others focuses on the harm principle, the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of coercive legislation. Instead, the principal justification is the multiple harms that. Feinberg acknowledges the need to move beyond harm to others, the only limitation on liberty mill accepted. The first section of the paper applies feinberg s analysis of freedom of expression to a contemporary case of academic freedom.
Within the universe of such conduct, the legislature is free to deter. In the first volume, feinberg looks at the principle of harm to others. The second volume in joel feinbergs 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. The first section of the paper applies feinbergs analysis of freedom of expression to a contemporary case of academic freedom. In this volume, feinberg focuses on the meanings of interest, the relationship between interests and wants, and the distinction between wantregarding and idealregarding analyses of interest and hard cases for. The philosophy of joel feinberg received 14 march 2005. This is the third volume of joel feinberg s highly regarded the moral limits of the criminal law, a fourvolume series in which feinberg skillfully addresses a complex question.
Hart, joel feinberg, herbert wechsler, and other liberal legal thinkers at midcentury, as the critical principle used to shield individuals from the legal enforcement of morals legislationincluding. Does that show that feinbergs supplement to the harm principle, the offense principle, completely undermines the harm principle. Offense to others is the second volume of what will surely be come professor joel feinbergs magnum opus, a unified four vol ume inquiry into the moral limits of the criminal law. Freedom of speech and the many uses of state power. In harm to self, feinberg offers insightful commentary into various notions attached to selfinflicted.
Harm to self joel feinberg oxford university press. To prevent serious offense to persons other than the actor is always a good reason for prohibiting an action, provided the prohibition is effective and. Feinberg presents a detailed analysis of the concept and definition of harm. The four volumes together make a powerful case for othe liberal positionoon the moral limits of the criminal law. The principles, properly applied, specify what conduct may legitimately be prohibited. We can allow that when speech is positively harmful, we will have to balance expressive liberty with the legitimate aim of harmprevention. 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. But as i mention in the text, the rough distinction he. Dec 25, 2015 in harm to self, feinberg discusses various problems about selfinflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, coercive force, incapacity, and choice of death. Accepted 29 december 29 1999 california state university. The harm principle and other libertylimiting principles fau.
So, the threat of harm to others is the only legitimate reason for states to constrain the individual liberty of their citizens. Joel feinberg 1986 social philosophy and policy 4 1. Offense to others is the second volume of what will surely be come professor joel feinbergs magnum opus, a unified four vol ume inquiry into the moral limits. Feinberg liberal, personal sovereignty rules out all restrictions except those stemming from wrongful harm and offense to nonconsenting others and nonvoluntary harm to self. In this volume, feinberg focuses on the meanings of interest, the relationship between interests and wants, and the distinction between wantregarding and idealregarding analyses on interest and hard cases for the applications of the concept of harm. Harm to others edition 1 by joel feinberg 9780195046649. In harm to self, feinberg offers insightful commentary into various notions attached to selfinflicted harm, covering such topics as legal. Joel feinbergs the moral limits of the criminal law will in the end consist of four volumes. Only the latter sensewrongful offenseis intended in the offense principle as we shall understand it. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. In essence, feinbergs goal is to develop moral principles to which legislatures may repair in. Each volume deals with a single kind of reason that is offered for restricting lib erty. This paper is offered as a tribute to joel feinberg. In this respect there is a parallel with the harm principle.
This is the third volume of the moral limits of the criminal law, a four. Postema and others published collective evils, harms, and the law. 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. Harm to others joel feinberg oxford university press.
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