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NCJ Number: 118998 Find in a Library
Title: Harmless Wrongdoing: The Moral Limits of the Criminal Law
Author(s): J Feinberg
Date Published: 1988
Page Count: 380
Sponsoring Agency: Oxford University Press, Inc
New York, NY 10016
Publication Number: ISBN 0-19-504253-0
Sale Source: Oxford University Press, Inc
198 Madison Avenue
New York, NY 10016
United States of America
Type: Research (Applied/Empirical)
Language: English
Country: United States of America
Annotation: Various forms of wrongdoing, including harmless exploitation, are examined, and the rationale for criminalizing such activities as pandering, prostitution, bigamy, blackmail, pornography, ticket scalping, and consensual sexual activity is explored.
Abstract: Following a detailed examination of legal moralism, nongrievance evils, moral conservatism, autonomy and the community, exploitation with and without harm, the exploitation principle of preventing wrongful gain, and legal perfectionism, the author notes that his overriding concern is the tenability of liberalism to account for moral limits of the criminal law. He points out that the need to prevent evil is always relevant in support of criminal prohibitions. He defines liberalism as the view that harm and offense prevention is the best reason to support criminal prohibitions and the only one that frequently outweighs the case of liberty. A distinction is made between cautious and bold liberalism. The author discusses the "conservative thesis" which posits that the need to preserve traditional ways of life is valid ground for criminal prohibition. He also considers "perfectionism," the claim that criminalization can be justified to promote virtuous conduct and improve human character. 413 references, 11 figures.
Main Term(s): Moral-decency crimes
Index Term(s): Criminalization; Criminology theory evaluation
Note: Volume Four
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