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Joel Feinberg

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  •  Publications
    111
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  • All publications (111)
  •  692
    Noncomparative justice
    Philosophical Review 83 (3): 297-338. 1974.
    Varieties of Justice
  •  165
    Harm to others—a rejoinder
    Criminal Justice Ethics 5 (1): 16-29. 1986.
    No abstract
    Punishment in Criminal LawHarm in Applied Ethics
  •  7
    Harm to Self: The Moral Limits of the Criminal Law, Vol. 3
    Law and Philosophy 7 (1): 107-122. 1988.
    Philosophy of LawCriminal Law
  •  13
    Offense to Others
    Oxford University Press USA. 1987.
    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 fo…Read more
    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.
    Criminal Law
  •  450
    Doing & Deserving; Essays in the Theory of Responsibility
    Princeton University Press. 1970.
    Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?
    Responsibility in Applied EthicsPunishment in Criminal Law
  •  209
    Some unswept debris from the Hart-Devlin debate
    Synthese 72 (2). 1987.
    Social and Political PhilosophyFreedom and Liberty
  •  98
    Review[Untitled] (review)
    Ethics 103 159-163. 1992.
    Social and Political PhilosophyPornography
  •  161
    Overlooking the Merits of the Individual Case: An Unpromising Approach to the Right to Die
    Ratio Juris 4 (2): 131-151. 1991.
    .One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that one of these two kinds of mistake is …Read more
    .One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that one of these two kinds of mistake is in itself, isolated from other factors, always more serious than the other. This point is illustrated by an examination both of a terminal patient whose prospect is a full year of intolerable pain and of a patient in a “persistent vegetative state” . Moreover, it is untrue that legalization would necessarily lead to greater numbers of mistakenly approved discontinuances of treatment than of mistakenly approved refusals of termination, and numbers, it is argued, do matter
    Philosophy of LawCriminal Law
  • Law in Philosophical Perspective Selected Readings
    with Hyman Gross
    Wadsworth Publishing Company. 1977.
  •  200
    Victims' excuses: The case of fraudulently procured consent
    Ethics 96 (2): 330-345. 1986.
    Punishment in Criminal LawEthics
  •  22
    Harm to Others: The Moral Limits of the Criminal Law, Vol. I
    Law and Philosophy 4 (3): 423-432. 1985.
    Philosophy of LawCriminal Law
  •  45
    The Idea of the Obscene
    This is the text of The Lindley Lecture for 1979, given by Joel Feinberg, an American philosopher.
    20th Century Continental PhilosophyFrench Philosophy
  •  27
    Philosophy and the Human Condition
    with Tom L. Beauchamp and James Marvin Smith
    Pearson College Division. 1989.
  •  113
    Reason and Responsibility Readings in Some Basic Problems of Philosophy /Edited by Joel Feinberg. --. --
    Wadsworth Pub. Co., C1981. 1981.
    Punishment in Criminal Law
  •  249
    Problems at the roots of law: essays in legal and political theory
    Oxford University Press. 2003.
    Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
    Punishment in Criminal Law
  •  80
    Not with My Tax Money the Problem of Justifying Government Subsidies for the Arts
    Public Affairs Quarterly 8 (2): 101-123. 1994.
    Value TheorySocial and Political PhilosophyTheory in Economics
  •  310
    The moral and legal responsibility of the bad Samaritan
    Criminal Justice Ethics 3 (1): 56-69. 1984.
    Punishment in Criminal LawPolitical Ethics
  •  5
    Harmless Wrongdoing: The Moral Limits of the Criminal Law, Vol. 4
    Law and Philosophy 7 (3): 395-404. 1988.
    Philosophy of LawCriminal Law
  •  162
    Harmless Wrongdoing
    Oxford University Press USA. 1990.
    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.
    Punishment in Criminal LawSocial and Political PhilosophyEthics
  •  139
    Doing philosophy: a guide to the writing of philosophy papers
    Wadsworth/Cengage Learning. 2014.
    Clear and concise, this brief guide will help you write a successful paper-even if you have no previous formal background in writing philosophy papers. Contents include topic selection, outlines, drafts, proper and improper quotation, argument development and evaluation, principles of good writing, style, criteria for grading student papers, and a review of common grammatical and dictional errors. In addition, the book devotes several chapters to basic concepts in logic, which have proven invalu…Read more
    Clear and concise, this brief guide will help you write a successful paper-even if you have no previous formal background in writing philosophy papers. Contents include topic selection, outlines, drafts, proper and improper quotation, argument development and evaluation, principles of good writing, style, criteria for grading student papers, and a review of common grammatical and dictional errors. In addition, the book devotes several chapters to basic concepts in logic, which have proven invaluable for philosophy students like you in the course of critically considering and writing about the ideas and arguments they encounter.
    Philosophy, General Works
  •  193
    The child's right to an open future
    In Randall Curren (ed.), Philosophy of Education: An Anthology, Wiley-blackwell. 2006.
    Philosophy of EducationThe Open Future
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