September 16, 2011

BACKGROUND READING FOR A COURSE NOT TAUGHT

Joel Feinberg, The Moral Limits of the Criminal Law, Volume One: Harm to Others (New York & Oxford: Oxford U. Press, 1984) ("The philosophical part of the problem of the limit of criminalization, I now realize, is its deepest and most difficult part. The philosopher not only formulates and applies principles; he analyzes or clarifies concepts. Each main part of this study focuses on a difficult critical concept: harm, offense, autonomy and voluntariness, and morality. Each main concept draws the analyst into a web of related notions: interests, wrongs, omissions causes, consent, reasonableness, rationality, risk, exploitation, coercion, fraud, incapacity, neurosis, depression, choice, community, social change, character. At times it has seemed as if adequate treatment of any one of these topics presupposes adequate treatment of all the others. There may be some truth in that pessimistic thought, but any progress toward enlightenment is possible, it requires that the topics be approached in some rational order, that the whole study to be given a proper formal structure, first things first. That I have tried to do. Id. at viii.).

Joel Feinberg, The Moral Limits of the Criminal Law, Volume Two: Offense to Others (New York & Oxford: Oxford U. Press, 1985).

Joel Feinberg, The Moral Limits of the Criminal Law, Volume Three: Harm to Self (New York & Oxford: Oxford U. Press, 1986).

Joel Feinberg, The Moral Limits of the Criminal Law, Volume Four: Harmless Wrongdoing (New York & Oxford: Oxford U. Press, 1988, 1990).