This first volume in the four-volume 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. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Oxford Scholarly Classics brings together a number of great academic works from the archives of Oxford University Press. Reissued in a uniform series design, they will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

This is a defense of black reparations using the theory of reparations set out in John Locke''s The Second Treatise of Government. I develop two main arguments, what I call the ``inheritance argument'''' and the ``counterfactual argument,''''both of which have been thought to fail. In no case do I appeal to the false ideas that present day United States citizens are guilty of slavery or must pay reparation simply because the U.S. Government was once complicit in the crime.

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

This first volume in the four-volume 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. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an approach that (...) explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on the question of whether artefacts (...) should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the (...) non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries. (shrink)

In the long-running debate on the interest of the dead, Joan C. Callahan argues against such interests and although Søren Holm for practical reasons is prepared to consider posthumous interests, he does not see any moral basis to support such interests. He argues that the whole question is irresolvable, yet finds privacy interests where Tutankhamen is concerned. Callahan argues that there can be reasons to hold on to the fiction that there are posthumous interests, namely if it is comforting for (...) the living and instrumental for society. Thus, despite arguing against the position that the dead have any interests or for any moral basis for such interests, these “interests” are still taken into consideration in the end. This shows the unsatisfactory basis of their positions and indicates the tenacity of the moral intuition that the dead can have moral claims on the living. One example of a posthumous interest is the interest in one’s good name. Here we argue that it is an interest of moral significance. This implies that if individuals restrict use of their sample when they are still alive, those restrictions apply after their death. Further, it implies that one should be concerned with the reputation of historic persons. Research that defeats these interests calls for justification. We have suggested two lines of thinking along which such a discussion could go: investigating the truth-value of the good name and the relevance of bringing it into possible disrepute. (shrink)

An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.

Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. The history (...) of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)