The nature and value of rights by joel feinberg prezi. The second section engages feinbergs work on rights and. In harm to self, feinberg offers insightful commentary into various notions attached. Joel feinberg, the expressive function of punishment, in doing and deserving 95118 1970 hereinafter the expressive function. J wikipedia citation please see wikipedias template documentation for further citation fields that may be required. Download citation feinberg, joel joel feinberg 19262004 was a social, political, and legal. Coleman and allen buchanan frontmatter more information. An impure proposal i proposed combining the necessary conditions of the retributivist and utilitarian theories while dropping the sufficient conditions. Punishment as language 602 what, if anything, justifies legal punishment. Professor feinberg s books include doing and deserving 1970, social philosophy 1973, and rights. Harm to self joel feinberg oxford university press. The study ofkakapoeics, or the general theory and classification of harms, should be a central enterprise of legal philosophy.
It must be distinguished from the normative claim that. Essays in the theory of responsibility feinberg, joel on. The second volume in joel feinbergs 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. Essays in the theory of responsibility by joel feinberg. Joel feinberg, professor of philosophy at the university of arizona, is the author of the fourvolume work the moral limits of the criminal law. In this volume, feinberg focuses on the meanings of interest, the relationship between interests and wants, and the distinction between wantregarding and idealregarding analyses of interest and hard cases for the aplication of the concept of harm. It holds that all desires are egoistic desires, or else derived egoistic desires. Most writers agree, after all, that the prevention of harms is a legitimate aim of both the criminal law and the coercive parts of the civil law, though of course there is much disagreement over whether it is thesoleproper concern of coercive law. Feinberg takes the punishers perspective into account with the expressive theory that we will read next time. This volume collects essays published between 1960 and 1969 inclusive. The moral limits of the criminal law, volume 4 joel feinberg snippet view 1984.
Mar 28, 2014 feinberg lays out three justifications for punishment. This is the third volume of joel feinbergs highly regarded the moral limits of the criminal law, a fourvolume series in which feinberg skillfully addresses a complex question. Essays in the theory of responsibility, will be forthcoming. Voluntary euthanasia and the inalienable right to life joel feinberg the tanner lecture on human values delivered at the university of michigan april 1, 1977 and. He explained how these views work to justify punishment and some of the major problems that each one faces. Essays in the theory of responsibilityprinceton, n. It is surprising that in this bicentennial period we have not yet heard an argument that seems to bolster the case of. Feinberg clarifies the concept of an offended mental state and further contrasts the concept of offense with harm. The first section of the paper applies feinberg s analysis of freedom of expression to a contemporary case of academic freedom. He is known for his work in the fields of ethics, action theory, philosophy of law, and political philosophy as well as individual rights and the authority of the state. A claimright is a more complex notion, and presumably a more valuable benefit, than a liberty.
Feinberg was one of the most influential figures in american jurisprudence of the last. Yet until its peculiar perplexities are resolved, a full understanding of the nature of justice is impossible, for surely the concepts of justice and desert are closely connected. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues. We discussed the first on april 15 and the second on april 20. Doing philosophy 5th edition by feinberg, joel textbook pdf download free download created date.
In harm to self, feinberg offers insightful commentary into various notions attached to selfinflicted. Freedom and fulfillment princeton university press. The second volume in joel feinbergs 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, the expressive function of punishment, doing and deserving princeton university. Doing philosophy 5th edition by feinberg, joel textbook pdf download author. The companion essays responsibility and responsibility for the future did tout court appear in print, but only long after they were written, in philosophy research archives 14 1988, 73. Royal institute of philosophy san jose state university.
Full text views reflects the number of pdf downloads, pdfs sent to. What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens. Most of you reading this will know joel feinberg only as the editor of a book youve been. Jan 01, 1975 a required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory. Two views of the psychopathic personality 576 part five. Some of the royalties from reason and responsibility have been used to establish the regents professor joel feinberg dissertation fellowship in philosophy. At least, this seems to be the case in joel feinberg, doing and deserving princeton, n. The first section of the paper applies feinbergs analysis of freedom of expression to a contemporary case of academic freedom. Among those who defend both is joel feinberg, in whose honor this symposium was arranged. All content included on our site, such as text, images, digital downloads and other, is the property of its content suppliers and protected by us and international laws. Feinberg, the expressive function of punishment, doing and deserving princeton university press, 1970, 98.
Retributivism feinberg identifies retributivism with the following points. Murphys chapter in the textbook is also interesting. The reality of mental illness philosophy cambridge core. This paper is offered as a tribute to joel feinberg. The second section engages feinberg s work on rights and. Although this broad classifcation has been challenged, but the two words are used to group together a set of very diverse theories. It is surprising that in this bicentennial period we have not yet heard an argument that seems to bolster the case of opponents of voluntary euthanasia. For general accounts of expressive theories of law, see elizabeth s. Among his other collections of essays is doing and deserving. Joel feinberg bibliography compiled by keith burgess. Joel developed the first edition of this textbook about forty years ago, dissatisfied with existing options, and intent on providing coverage of those areas of philosophy that struck him as deeply important and deserving of every students careful study. Joel feinberg, collective responsibility philpapers.
Essays in the theory of responsibility 1st, princeton university press, princeton 1970 98. Most writers agree, after all, that the prevention of harms is a legitimate aim of both the criminal law and the coercive parts of the civil law, though of course there is much disagreement over whether it is thesoleproper concern of coercive law, overwhoseharms are. He describes the rights that collectively constitute the childs right to an open future as rights that are to be saved for the child until he is an adult, but which can be violated in advance, so to speak, before the child is even in a position to exercise them. There is some recognition that the questions of the definition of terrorism and its justification need to be considered separately. For example, virginia held states that the definitional question is often confused with the matter of the legal justification of terrorism as a practice of political change virginia held, terrorism, rights, and political goals, in r. The nature and value of rights by joel feinberg 19262004 legal and political philosopher taught at the university of arizona further developed mills notion of individual liberty defended rights nowheresville original sense. Doing philosophy 5th edition by feinberg, joel textbook pdf. Doing and deserving by joel feinberg, 9780691019819, available at book depository with free delivery worldwide. Essays in the theory of responsibility paperback may 21, 1974 by joel feinberg author visit amazons joel feinberg page. See especially joel feinberg, the expressive function of punishment, in doing and deserving 1974. Harm to others joel feinberg moral limits of the criminal law. Professor feinbergs books include doing and deserving 1970, social philosophy 1973, and rights, justice, and the bounds of liberty 1980. Feinberg euthanasia and the right to life 225 sense of mere liberty, privilege, or absence of duty to refrain. Joel feinberg october 19, 1926 in detroit, michigan march 29, 2004 in tucson, arizona was an american political and legal philosopher.
This guileless question can hardly fail to trouble the reflective person who ponders it. Only the latter sensewrongful offenseis intended in the offense principle as we shall understand it. Harm to others joel feinberg oxford university press. Moral guilt is a necessary condition for justified punishment. One gave an overview of the utilitarian and retributive justifications of punishment. Psychological egoism psychological egoism is the thesis that we always act from selfish motives. This is not to say that feinberg now accepts this conclusion or that his other writings commit him to it. The description for this book, doing and deserving. Feinberg also hints at a more formal derivation of the right from the value of autonomy. Doing philosophy 5th edition by feinberg, joel textbook pdf download free download keywords. This is the third volume of joel feinberg s highly regarded the moral limits of the criminal law, a fourvolume series in which feinberg skillfully addresses a complex question.
Feinberg, euthanasia and the inalienable right to life. Feb 29, 2020 doing and deserving by joel feinberg, 9780691019819, available at book depository with free delivery worldwide. Bibliography works by feinberg doing and deserving. Essays in honor of joel feinberg edited by jules l. Buy philosophy of law by joel feinberg online at alibris. Markku oksanen 2007 the proceedings of the twentyfirst world congress of philosophy 3. This first volume in the fourvolume series the moral limits of the criminal law focuses on the harm principle, the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. The expressive function of punishment, from doing and deserving 1970 592 igor primoratz. A required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory. A hart, punishment and responsibility new york and oxford.
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. The essays concern such concepts as act,cause, harm,punishment,desert, and blame. Readings in some basic problems of philosophy by joel feinberg in chm, djvu, txt download ebook. The philosophy of joel feinberg received 14 march 2005. Feinberg was awarded a fulbright scholarship in 198788 to work in japan and served as chairman of the national board of officers in the american philosophical association in the mid1980s. Essays in the theory of responsibility princeton, nj. Skillen, how to say things with walls, philosophy 55 1980, 509 523.
I enjoyed reading the text in my undergraduate class this semester and recommend it to anyone that is taking a philosophy of law class at their undergrad university. Doing philosophy 5th edition by feinberg, joel textbook. Voluntary euthanasia and the inalienable right to life. The other presented what he called the expressive theory of punishment.
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