Joel Feinberg

Obscene words have the capacity to offend and shock listeners, and in some cases even fill with dread and horror. The class of words that are either obscene, totally disreputable, or naughty enough to be forbidden, is diverse and heterogeneous. These include sexual vulgarities, other “dirty words”, political labels, ethnic slurs, insulting terms, and religious blasphemies. Obscene-to-naughty words and phrases can be classified into two main categories: profanities and vulgarities. Derivative uses of obscenity are discussed.

Invective has various uses including expressive intensification, bandinage, calumny, insult, challenge, and provocation. For many of these uses, obscene words can advance the purposes of the speaker, but are inessential and self-defeating in many cases. The relation between some of the most common styles of invective and older forms of malediction, the uses of invective, the doctrine of fighting words and its difficulties, the role of obscenity in invective, and derivative uses of obscenity are discussed.

The term “pornographic” is a purely descriptive word referring to sexually explicit writing and pictures designed to induce sexual excitement in the reader or observer. To use the terms “obscene” and “pornographic” interchangeably, as if they referred to the same thing, is to beg the question of whether any or all pornographic materials are obscene. Whether any given acknowledged form of pornography is really obscene is an open question to be settled by argument and not by definitional fiat. The following subjects are discussed: the contrast between pornographic writing and literature and drama; artful pornography; pornographic pictorial art, poetry, and program music; how sex can be obscene; the feminist case against pornography; and violent pornography.

The legitimacy of criminal law’s concern with offensiveness even in the absence of harm or danger must rest on the intuitive force of the examples given, most of which have been made as extreme as possible and depicted with uncompromising vividness. The seriousness of an offense is determined by four standards: the magnitude of the offense, the standard of reasonable avoidability, the Volenti maxim, and the discounting of abnormal susceptibilities. Having determined the seriousness of a given category of offense based on these standards, the legislator will proceed to balance that seriousness against the reasonableness of various kinds of conduct that can produce it.

This article defends the ethical theory of william wollaston against the objections of hume and later writers who uncritically accepted hume's account of what wollaston said. I then argue that the true flaws in wollaston's view that all wrongdoing is false representing are that it cannot explain why some immoral acts are worse than others, And it presupposes antecedent moral principles of a different kind. I conclude that wollaston's theory, While failing as a general account of all immorality, Can nevertheless be used to explain the difference between actions that are specifically unjust and actions that are immoral in other ways

The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good. Parents can be expected to justify their interference in the lives of their children on the ground that “daddy knows best.” legal paternalism seems to imply that since the state often can know the interests of individual citizens better than the citizens know them themselves, it stands as a permanent guardian of those interests in loco parentis. Put in this blunt way, paternalism seems a preposterous doctrine. If adults are treated as children they will come in time to be like children. Deprived of the right to choose for themselves, they will soon lose the power of rational judgment and decision. Even children, after a certain point, had better not be “treated as children,” else they will never acquire the outlook and capability of responsible adults.