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Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 0198021232
Category : Philosophy
Languages : en
Pages : 414
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Book Description
The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.
Author: Joel Feinberg
Publisher: Oxford University Press
ISBN: 0198021232
Category : Philosophy
Languages : en
Pages : 414
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Book Description
The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.
Author: Joel Feinberg
Publisher: Oxford University Press, USA
ISBN: 0195064704
Category : Crimes without victims
Languages : en
Pages : 411
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Book Description
The 4th and final volume in the series defines the philosophical basis for criminalizing so-called 'victimless crimes', such as pornography and consensual sexual activity.
Author: G R Sullivan
Publisher: Bloomsbury Publishing
ISBN: 1847319300
Category : Law
Languages : en
Pages : 275
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Book Description
Many academic criminal lawyers and criminal law theorists seek to resolve the optimum conditions for a criminal law fit to serve a liberal democracy. Typical wish lists include a criminal law that intervenes against any given individual only when there is a reasonable suspicion that s/he has caused harm to the legally protected interests of another or was on the brink of doing so. Until there is conduct that gives rise to a reasonable suspicion of criminal conduct by an individual, s/he should be allowed to go about his or her business free from covert surveillance or other forms of intrusion. All elements of crimes should be proved beyond any reasonable doubt. Any punishment should be proportionate to the gravity of the wrongdoing and when the offender has served this punishment the account should be cleared and good standing recovered. Seeking Security explores the gap between the normative aspirations of liberal, criminal law scholarship and the current criminal law and practice of Anglophone jurisdictions. The concern with security and risk, which in large part explains the disconnection between theory and practice, seems set to stay and is a major challenge to the form and relevance of a large part of criminal law scholarship.
Author: Joel Feinberg
Publisher:
ISBN:
Category : Crimes without victims
Languages : en
Pages : 424
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Book Description
N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0192556886
Category : Law
Languages : en
Pages : 227
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Book Description
Should the criminal law be used to deter and punish corruption in politics: from employing family members at public expense to improper spending on elections, lobbying, and cronyism? How did so many MPs avoid facing charges after the 2009 government expenses scandal? In this book, Jeremy Horder tackles these questions and more. As well as offering the first treatment of the history, philosophy, and politics of the application of the offence of misconduct in office to Members of Parliament in England and Wales, Horder explains how political corruption might be dealt with in future, and how politicians could be held accountable for their actions so that they are deterred from betraying the public's trust. Use of the criminal law should not be the sole or even the main way to remedy all corruption in politics. Nevertheless, for too long the offence of misconduct in a public office has had an ambiguous status in the political realm. If we are to preserve the good health of government it must be seen as a constitutional fundamental. A charge of misconduct provides a way in which corrupt conduct on the part of legislators can be punished with an appropriate label, holding them to account for the misuse of power by reference to the standards of ordinary people. When other - civil law or regulatory - means prove insufficient, it should be possible for ordinary members of a jury, and not for Parliamentarians or other officials, to decide whether, for example, the expenditure of public money on legislators' private income and benefits amounts to a criminal abuse of the public's trust. This book offers an authoritative and accessible account of a 'bottom-up' (jury standards-led), as opposed to a 'top-down' (officials applying their own standards), approach to the role of the criminal law in constitutional contexts.
Author: Nina Persak
Publisher: Springer Science & Business Media
ISBN: 0387464042
Category : Social Science
Languages : en
Pages : 160
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Book Description
This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.
Author: Jethro K. Lieberman
Publisher: Oxford University Press
ISBN: 0199919844
Category : History
Languages : en
Pages : 382
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Book Description
During the past 40 years, many of liberalism's most distinguished defenders have presented complex, controversial, abstruse, and even impenetrable theories to justify liberal institutions and practices, often relying on metaphysical constructs, imaginary beings, and fanciful events to describe abstract liberal principles that rarely reach real-world problems. This book proposes that John Stuart Mill's harm principle - that the state may act only to prevent harm to others - can justify a government capable of dealing with pressing modern problems of human harm while restrained enough to provide people freedom to live life on their own terms.
Author: Victor Tadros
Publisher: Oxford University Press
ISBN: 019106730X
Category : Law
Languages : en
Pages : 369
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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
Author: Kalle Grill
Publisher: Routledge
ISBN: 1317326989
Category : Philosophy
Languages : en
Pages : 498
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Book Description
While paternalism has been a long-standing philosophical issue, it has recently received renewed attention among scholars and the general public. The Routledge Handbook of the Philosophy of Paternalism is an outstanding reference source to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising twenty-seven chapters by a team of international contributors the handbook is divided into five parts: • What is Paternalism? • Paternalism and Ethical Theory • Paternalism and Political Philosophy • Paternalism without Coercion • Paternalism in Practice Within these sections central debates, issues and questions are examined, including: how should paternalism be defined or characterized? How is paternalism related to such moral notions as rights, well-being, and autonomy? When is paternalism morally objectionable? What are the legitimate limits of government benevolence? To what extent should medical practice be paternalistic? The Routledge Handbook of the Philosophy of Paternalism is essential reading for students and researchers in applied ethics and political philosophy. The handbook will also be very useful for those in related fields, such as law, medicine, sociology and political science.
Author: Paul Smith
Publisher: Springer
ISBN: 0230593941
Category : Philosophy
Languages : en
Pages : 263
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Book Description
A clear and concise introduction to moral and political philosophy which critically analyses arguments about controversial and topical practical issues – drug laws, justifications of punishment, civil disobedience, whether there is a duty to obey the law, and global poverty.
