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)

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.

This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

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)

These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, ...

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good. Parents can be expected to justify their interference in the lives of their children on the ground that “daddy knows best.” legal paternalism seems to imply that since the state often can know the interests of individual citizens better than the citizens know them themselves, it stands as a (...) permanent guardian of those interests in loco parentis. Put in this blunt way, paternalism seems a preposterous doctrine. If adults are treated as children they will come in time to be like children. Deprived of the right to choose for themselves, they will soon lose the power of rational judgment and decision. Even children, after a certain point, had better not be “treated as children,” else they will never acquire the outlook and capability of responsible adults. (shrink)

I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require the (...) application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition. (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 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.

How consciousness appeared much earlier in evolutionary history than is commonly assumed, and why all vertebrates and perhaps even some invertebrates are conscious. How is consciousness created? When did it first appear on Earth, and how did it evolve? What constitutes consciousness, and which animals can be said to be sentient? In this book, Todd Feinberg and Jon Mallatt draw on recent scientific findings to answer these questions—and to tackle the most fundamental question about the nature of consciousness: how does (...) the material brain create subjective experience? After assembling a list of the biological and neurobiological features that seem responsible for consciousness, and considering the fossil record of evolution, Feinberg and Mallatt argue that consciousness appeared much earlier in evolutionary history than is commonly assumed. About 520 to 560 million years ago, they explain, the great “Cambrian explosion” of animal diversity produced the first complex brains, which were accompanied by the first appearance of consciousness; simple reflexive behaviors evolved into a unified inner world of subjective experiences. From this they deduce that all vertebrates are and have always been conscious—not just humans and other mammals, but also every fish, reptile, amphibian, and bird. Considering invertebrates, they find that arthropods (including insects and probably crustaceans) and cephalopods (including the octopus) meet many of the criteria for consciousness. The obvious and conventional wisdom–shattering implication is that consciousness evolved simultaneously but independently in the first vertebrates and possibly arthropods more than half a billion years ago. Combining evolutionary, neurobiological, and philosophical approaches allows Feinberg and Mallatt to offer an original solution to the “hard problem” of consciousness. (shrink)

While life in general can be explained by the mechanisms of physics, chemistry and biology, to many scientists and philosophers it appears that when it comes to explaining consciousness, there is what the philosopher Joseph Levine called an “explanatory gap” between the physical brain and subjective experiences. Here we deduce the living and neural features behind primary consciousness within a naturalistic biological framework, identify which animal taxa have these features (the vertebrates, arthropods, and cephalopod molluscs), then reconstruct when consciousness first (...) evolved and consider its adaptive value. We theorize that consciousness is based on all the complex system features of life, plus the even more complex features of elaborate brains. We argue that the main reason why the explanatory gap between the brain and experience has been so refractory to scientific explanation is that it arises from both life and from varied and diverse brains and brain regions, so bridging the gap requires a complex, multifactorial account that includes the great diversity of consciousness, its personal nature that stems from embodied life, and the special neural features that make consciousness unique in nature. (shrink)

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

Localizing the self in the brain has been the goal of consciousness research for centuries. Recently, there has been an increase in attention to the localization of the self. Here we present data from patients suffering from a loss of self in an attempt to understand the neural correlates of consciousness. Focusing on delusional misidentification syndrome , we find that frontal regions, as well as the right hemisphere appear to play a significant role in DMS and DMS related disorders. These (...) data are placed in the context of neuroimaging findings. (shrink)

Acknowledgments -- What makes consciousness "mysterious" -- Approaching the gaps : images and affects -- Naturalizing vertebrate consciousness : mental images -- Naturalizing vertebrate consciousness : affects -- The question of invertebrate consciousness -- Creating consciousness : the general and special features -- The evolution of primary consciousness and the Cambrian hypothesis -- Naturalizing subjectivity -- Notes -- Glossary -- References.

In this paper we consider two major issues: conceptual–experimental approaches to the self, and the neuroanatomical substrate of the self. We distinguish content- and processed-based concepts of the self that entail different experimental strategies, and anatomically, we investigate the concept of midline structures in further detail and present a novel view on the anatomy of an integrated subcortical–cortical midline system. Presenting meta-analytic evidence, we show that the anterior paralimbic, e.g. midline, regions do indeed seem to be specific for self-specific stimuli. (...) We conclude that future investigation of the self need to develop novel concepts that are more empirically plausible than those currently in use. Different concepts of self will require novel experimental designs that include, for example, the brain’s resting state activity as an independent variable. Modifications of both conceptual and anatomical dimensions will allow an empirically more plausible account of the relationship between brain and self. (shrink)

This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to womens issues and a greater (...) emphasis on concrete legal problems. (shrink)

The book's clear organization structures selections so that readings complement each other guiding you through contrasting positions on key concepts in ...

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 book brings together essays by leading political, legal, and educational theorists to re-examine the requirements of citizenship education in liberal-democratic societies. The chapters in the book evaluate demands by minority groups for cultural recognition through education, and also examine arguments for and against citizenship education as a means of fostering a shared national identity.

The essays in the volume address educational issues that arise when national, sub-national and supra-national identities compete. How can we determine the limits to parental educational rights when liberalism's concern to protect and promote children's autonomy conflicts with the desire to maintain communal integrity? Given the advances made by the forces of globalization, can the liberal-democratic state morally justify its traditional purpose of forging a cohesive national identity? Or has increasing globalization rendered this educational aim obsolete and morally corrupt? Should (...) liberal education instead seek to foster a sense of global citizenship, even if doing so would suppress patriotic identification?In addressing these and many other questions, the volume examines the theoretical and practical issues at stake between nationalists, multiculturalists and cosmopolitans in the field of education. The fifteen essays, plus an introductory essay by the editors, provide a genuine, productive dialogue between political and legal philosophers and educational theorists. (shrink)

This fascinating volume will be invaluable to neuroscientists, psychologists, psychiatrists, neurologists, and philosophers of mind, and to their students and ...