Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless crimes. Here Robert P. George defends the traditional justification of morals legislation against criticisms advanced by leading liberal theorists. He argues that such legislation can play a legitimate role in maintaining a moral environment conducive to virtue and inhospitable to at least some forms of vice. Among the liberal critics of morals legislation whose views George considers are Ronald Dworkin, Jeremy Waldron, (...) David A.J. Richards, and Joseph Raz. He also considers the influential modern justification for morals legislation offered by Patrick Devlin as an alternative to the traditional approach. George closes with a sketch of a "pluralistic perfectionist" theory of civil liberties and public morality, showing that it is fully compatible with a defense of morals legislation. Making Men Moral will interest legal scholars and political theorists as well as theologians and philosophers focusing on questions of social justice and political morality. (shrink)

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. (shrink)

This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...) coercive force, incapacity, and choice of death. (shrink)

The Maccabean Lecture by the most outspoken prestigious opponent of the Wolfenden reform proposal. Answered by Stuart Hampshire, A.J. Ayer, et al.--Jim Kepner.

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

In 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. (shrink)

James Fitzjames Stephens argues against the philosophical and social views advanced by John Stuart Mill: for the author, Mill's ideas of equality, utilitarianism and freedom were anathema. The attitudes expressed by Stephens were unpopular at the time of publication: his arguments against the notions of democracy and freedom are rooted in traditionalism, in a time of great - and arguably irreversible - upheaval. Many of the criticisms against liberty, in particular its deleterious potential upon morals, accurately predict the liberalization of (...) Western societies during the 20th century. Stephens other opinions, such as his opposition to women's rights, have been firmly consigned to history. While Stephens, and other thinkers like him, would fall out of favor, this work provides a stunning summation of contrarian arguments. Stephens was a conservatively-minded member of the British judiciary whose views closely correspond with elements of old-fashioned Toryism. (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.

A growing sense of the exhaustion of both liberalism and Marxism has fueled a revival of interest in civic republicanism among historians, political theorists, and social commentators. This turn is evaluated via an examination of the normative implications off. G. A. Pocock's account of civic republicanism. Arguing that what is at issue between liberals and republicans has been misunderstood by both sides in the debate, the author shows that the turn to republicanism fails to address the most vexing problems liberalism (...) confronts in the modern world, and that it is and has been compatible with much of what critics of liberalism dislike. He argues, further, that the civic republican view involves an instrumental attitude to outsiders that cannot be justified in today's world and has other unattractive dimensions of which too little account has been taken by defenders and detractors alike. (shrink)