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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.
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.
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.
This is the fourth and final volume of Feinberg's magisterial work, The Moral Limits of the Criminal Law. In it Feinberg examines the philosophical basis for the criminalization of so-called 'victimless crimes' such as pornography and consensual sexual activity. The first three volumes of the work, Harm to Others, Offense to Others, and Harm to Self, are also available in paperback.
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.
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.
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.
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.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Introduction to Political Theory is a text for the 21st century. It shows students why an understanding of theory is crucial to an understanding of issues and events in a rapidly shifting global political landscape. Bringing together classic and contemporary political concepts and ideologies into one book, this new text introduces the major approaches to political issues that have shaped the modern world, and the ideas that form the currency of political debate. Introduction to Political Theory relates political ideas to political realities through effective use of examples and case studies making theory lively, contentious and relevant. This updated third edition comes with significant revisions which reflect the latest questions facing political theory, such as the French burqa controversy, ethnic nationalism and the value of research from sociobiology. Accompanying these debates is a wealth of new and thought-provoking case studies for discussion, including (consensual) sadomasochism, affirmative action and same-sex marriage. A new chapter on difference has also been added to complement those on feminism and multiculturalism. The revised glossary, revamped website for further reading and new streamlined layout make Introduction to Political Theory third edition the perfect accompaniment to undergraduate study.