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Subject: Philosophy  Book Title: The Moral Limits of the Criminal Law Volume 4: Harmless Wrongdoing
The Moral Limits of the Criminal Law Volume 4: Harmless Wrongdoing
Feinberg, Joel Regents Professor of Philosophy and Law, University of Arizona, Tucson
Print publication date: 1990
Published to Oxford Scholarship Online: November 2003
Print ISBN-13: 978-0-19-506470-4
doi:10.1093/0195064704.001.0001
 
Abstract: Harmless Wrongdoing is the final volume in a four-volume work entitled The Moral Limits of the Criminal Law that examines the kinds of harm that a state legitimately may make criminal. Of the four liberty-limiting, or coercion-legitimizing, principles that Feinberg examines, he accepts only the harm principle and the offense principle as morally relevant reasons for establishing criminal prohibitions. In this fourth volume, Feinberg considers and opposes the principle of legal moralism, according to which legal coercion is legitimate to prevent immoral conduct whether or not that conduct harms anyone. Feinberg examines various forms of legal moralism: including: (1) moral conservatism, which endorses legal coercion that may prevent drastic change to a group's way of life; (2) strict moralism, which supports legal coercion against nongrievance evils that are inherently immoral; (3) the exploitative principle, which recommends criminal prohibitions against substantial, unjustly exploitive, free-floating evils; and (4) legal perfectionism, which combines moralism with paternalism in approving legal coercion that benefits an individual's character. In his defense of liberalism, Feinberg makes some concessions to legal moralism, but maintains that only harm to others and offense to others have sufficient weight to legitimize legal coercion.

Keywords: coercion, criminal law, ethics, exploitative principle, harm, liberalism, liberty, moral conservatism, moralism, paternalism, perfectionism, philosophy of law
Table of Contents
28. Legal Moralism and Non-Grievance Evils
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29. Moral Conservatism: Preserving a Way of Life
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29A. Autonomy and Community
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30. Strict Moralism: Enforcing True Morality
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31. Exploitation With and Without Harm
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32. The Exploitation Principle: Preventing Wrongful Gain
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33. Legal Perfectionism and the Benefit Principles
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Conclusion
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Index
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doi:10.1093/0195064704.001.0001
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