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Harm to Others

Oxford University Press USA (1987)

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  1. Toward a Relational Theory of Harm: On the Ethical Implications of Childhood Psychological Abuse.Sarah Clark Miller - 2022 - Journal of Global Ethics 18 (1):15-31.
    My aim in this paper is to move toward a relational moral theory of harm through examination of a common yet underexplored form of child maltreatment: childhood psychological abuse. I draw on relational theory to consider agential, intrapersonal, and interpersonal ways in which relational harms develop and evolve both in intimate relationships and in conditions of oppression. I set forth three distinctive yet interconnected forms of relational harm that childhood psychological abuse causes: harm to the relational agency of individuals, harm (...)
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  • Desire Satisfactionism and the Problem of Irrelevant Desires.Mark Lukas - 2010 - Journal of Ethics and Social Philosophy 4 (2):1-25.
    Desire-satisfaction theories about welfare come in two main varieties: unrestricted and restricted. Both varieties hold that a person's welfare is determined entirely by the satisfactions and frustrations of his desires. But while the restricted theories count only some of a person’s desires as relevant to his well-being, the unrestricted theories count all of his desires as relevant. Because unrestricted theories count all desires as relevant they are vulnerable to a wide variety of counterexamples involving desires that seem obviously irrelevant. Derek (...)
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  • Is Visiting the Pharmacy Like Voting at the Poll? Behavioral Asymmetry in Pharmaceutical Freedom.Jeffrey Carroll - 2022 - HEC Forum 34 (3):213-232.
    Jessica Flanigan argues that individuals have the right to self-medicate. Flanigan presents two arguments in defense of this right. The first she calls the epistemic argument and the second she calls the rights-based argument. I argue that the right to self-medicate hangs and falls on the rights-based argument. This is because for the epistemic argument to be sound agents must be assumed to be epistemically competent. But, Flanigan’s argument for a constitutionally mandated right to self-medicate models agents as epistemically incompetent. (...)
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  • Leaving Gift-Giving Behind: The Ethical Status of the Human Body and Transplant Medicine.Paweł Łuków - 2019 - Medicine, Health Care and Philosophy 22 (2):221-230.
    The paper argues that the idea of gift-giving and its associated imagery, which has been founding the ethics of organ transplants since the time of the first successful transplants, should be abandoned because it cannot effectively block arguments for markets in human body parts. The imagery suggests that human bodies or their parts are transferable objects which belong to individuals. Such imagery is, however, neither a self-evident nor anthropologically unproblematic construal of the relation between a human being and their body. (...)
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  • In Defence of Informed Consent for Health Record Research - Why Arguments From ‘Easy Rescue’, ‘No Harm’ and ‘Consent Bias’ Fail.Thomas Ploug - 2020 - BMC Medical Ethics 21 (1):1-13.
    BackgroundHealth data holds great potential for improved treatments. Big data research and machine learning models have been shown to hold great promise for improved diagnostics and treatment planning. The potential is tied, however, to the availability of personal health data. In recent years, it has been argued that data from health records should be available for health research, and that individuals have a duty to make the data available for such research. A central point of debate is whether such secondary (...)
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  • Wellbeing and Changing Attitudes Across Time.Krister Bykvist - forthcoming - Ethical Theory and Moral Practice:1-15.
    The fact that our attitudes change poses well-known challenges for attitude-sensitive wellbeing theories. Suppose that in the past you favoured your adventurous youthful life more than the quiet and unassuming life you expected to live as an old person; now when you look back you favour your current life more than your youthful past life. Which period of your life is better for you? More generally, how can we find a stable attitude-sensitive standard of wellbeing, if the standard is in (...)
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  • The Oxford Handbook of Philosophy and Race.Naomi Zack (ed.) - 2017 - New York, USA: Oxford University Press USA.
    The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...)
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  • ‘Liberal Democracy’ in the ‘Post-Corona World’.Shirzad Peik - 2020 - Journal of Philosophical Investigations at University of Tabriz 14 (31):1-29.
    ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...)
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  • The Inviolateness of Life and Equal Protection: A Defense of the Dead-Donor Rule.Adam Omelianchuk - 2022 - Theoretical Medicine and Bioethics 43 (1):1-27.
    There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...)
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  • Inherent Dignity, Contingent Dignity and Human Rights: Solving the Puzzle of the Protection of Dignity.Jan-Willem van der Rijt - 2017 - Erkenntnis 82 (6):1321-1338.
    Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human rights are grounded in human dignity, this paper presents a (...)
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  • Envy and Efficiency.Joseph Heath - 2006 - Revue de Philosophie Économique 13.
    Joseph Heath1 The Pareto principle states that if a proposed change in the condition of society makes at least one person better off, and does not make anyone else worse off, then that change should be regarded as an improvement. This principle forms the conceptual core of modern welfare economics, and exercises enormous influence in contemporary discussions of justice and equality. It does, however, have an Achilles’ heel. When an individual experiences envy, it means that improvements in the condition of (...)
     
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  • Public Justification.Kevin Vallier - forthcoming - Stanford Encyclopedia of Philosophy.
    Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.
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  • Freedom of Speech.David van Mill - 2008 - Stanford Encyclopedia of Philosophy.
  • Freedom of Speech.D. V. Mill - forthcoming - Stanford Encyclopedia of Philosophy.
     
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  • Liberalism.Gerald Gaus - 2008 - Stanford Encyclopedia of Philosophy.
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  • Theories of Criminal Law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
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  • Public Justification.Fred D'Agostino - 2008 - Stanford Encyclopedia of Philosophy.
  • Looking Through Whiteness: Objectivity, Racism, Method, and Responsibility.Philip Mack - unknown
    Does a white philosopher have anything of value to offer to the philosophy of race and racism? If this philosophical subfield must embrace subjective experience, why should we value the perspective of white philosophers whose racial identity is often occluded by racial normativity and who lack substantive experiences of being on the receiving end of racism? Further, if we should be committed to experience, in what sense can the philosophy of race and racism be “objective”? What should that word mean?Tackling (...)
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  • El problema Del antiperfeccionismo en el liberalismo de Carlos S. Nino.Gustavo A. Beade & Christian Albrechts - 2011 - Isonomía. Revista de Teoría y Filosofía Del Derecho 35.
    El liberalismo de Carlos S. Nino evolucionó desde sus primeros trabajos vinculados al derecho penal, hacia la construcción de una teoría de la democracia deliberativa. Desde sus comienzos, siguiendo a los autores liberales clásicos como John Stuart Mill, hasta el final en donde adhirió a un liberalismo igualitario, hubo construcciones que acompañaron este proceso, como el concepto de autonomía personal, y también ciertos ideales morales, como un oposición concreta al perfeccionismo. El texto presenta al liberalismo de Nino al comienzo y (...)
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  • Why Not Penal Torture?Cleo Grimaldi - unknown
    I argue here that the practice of penal torture is not intrinsically wrongful. A common objection against the practice of penal torture is that there is something about penal torture that makes it wrongful, while this is not the case for other modes of punishment. I call this claim the asymmetry thesis. One way to defend this position is to claim that penal torture is intrinsically wrongful. It is the claim I argue against here. I discuss and reject three versions (...)
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  • Toleration.Andrew Jason Cohen - 2013 - In Hugh LaFollette (ed.), International Encyclopedia of Ethics. Oxford: pp. 5150-5160.
    Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.
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  • Ethics at Work : Two Essays on the Firm's Moral Responsibilities Towards its Employees.Dan Munter - unknown
    Essay I analyses a sample of corporate codes in the Swedish banking sector. The purpose is to investigate the codes’ ethical status. Are they consistent with the values of fairness or are they instead at a risk of harming the employees? With regard to employees, eight of the nine codes in the material were found to focus one-sidedly on their duties and responsibilities, lack statements regarding their value to the firm, while carefully stating the importance of several other stakeholders, have (...)
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  • Anti-Paternalism and Public Health Policy.Kalle Grill - 2009 - Dissertation, Royal Institute of Technology, Stockholm
    This thesis is an attempt to constructively interpret and critically evaluate the liberal doctrine that we may not limit a person’s liberty for her own good, and to discuss its implications and alternatives in some concrete areas of public health policy. The thesis starts theoretical and goes ever more practical. The first paper is devoted to positive interpretation of anti-paternalism with special focus on the reason component – personal good. A novel generic definition of paternalism is proposed, intended to capture, (...)
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  • Anti-Paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...)
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  • Can Conceptual Engineering Actually Promote Social Justice?Paul-Mikhail Catapang Podosky - 2022 - Synthese 200 (2).
    This paper explores the question: What would conceptual engineering have to be in order to promote social justice? Specifically, it argues that to promote social justice, conceptual engineering must deliver the following: it needs to be possible to deliberately implement a conceptual engineering proposal in large communities; it needs to be possible for a conceptual engineering proposal to bring about change to extant social categories; it needs to be possible to bring a population to adopt a conceptual engineering proposal for (...)
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  • Why Intellectual Disability is Not Mere Difference.James B. Gould - forthcoming - Journal of Bioethical Inquiry:1-15.
    A key question in disability studies, philosophy, and bioethics concerns the relationship between disability and well-being. The mere difference view, endorsed by Elizabeth Barnes, claims that physical and sensory disabilities by themselves do not make a person worse off overall—any negative impacts on welfare are due to social injustice. This article argues that Barnes’s Value Neutral Model does not extend to intellectual disability. Intellectual disability is intrinsically bad—by itself it makes a person worse off, apart from a non-accommodating environment; universally (...)
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  • The Humanities Classroom: A Guide to Free and Responsible Inquiry.Carlo DaVia - 2022 - UC Center for Free Speech.
    Should college teachers still teach works with immoral content? What if the works are by deeply immoral thinkers? This guide is intended to help us answer these sorts of pedagogical questions by articulating the pertinent moral issues and then suggesting strategies for navigating them.
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  • Human-Animal Chimeras: Human Dignity, Moral Status, and Species Prejudice.David Degrazia - 2007 - Metaphilosophy 38 (2-3):309–329.
    The creation of chimeras by introducing human stem cells into nonhu- man animals has provoked intense concerns. Addressing objections that appeal to human dignity, I focus in this essay on stem cell research intended to generate human neurons in Great Apes and rodents. After considering samples of dignity- based objections from the literature, I examine the underlying assumption that nonhuman animals have lower moral status than personsFwith particular attention to what it means to speak of higher and lower moral statusFbefore (...)
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  • Unequal Treatment of Human Research Subjects.David B. Resnik - 2015 - Medicine, Health Care and Philosophy 18 (1):23-32.
    Unequal treatment of human research subjects is a significant ethical concern, because justice in research involving human subjects requires equal protection of rights and equal protection from harm and exploitation. Disputes sometimes arise concerning the issue of unequal treatment of research subjects. Allegedly unequal treatment occurs when subjects are treated differently and there is a genuine dispute concerning the appropriateness of equal treatment. Patently unequal treatment occurs when subjects are treated differently and there is not a genuine dispute about the (...)
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  • Ethics and Phishing Experiments.David B. Resnik & Peter R. Finn - 2018 - Science and Engineering Ethics 24 (4):1241-1252.
    Phishing is a fraudulent form of email that solicits personal or financial information from the recipient, such as a password, username, or social security or bank account number. The scammer may use the illicitly obtained information to steal the victim’s money or identity or sell the information to another party. The direct costs of phishing on consumers are exceptionally high and have risen substantially over the past 12 years. Phishing experiments that simulate real world conditions can provide cybersecurity experts with (...)
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  • Rethinking the Wrong of Rape1.Karyn L. Freedman - 2021 - Philosophical Issues 31 (1):104-127.
    In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...)
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  • Examining the Social Benefits Principle in Research with Human Participants.David B. Resnik - 2018 - Health Care Analysis 26 (1):66-80.
    The idea that research with human participants should benefit society has become firmly entrenched in various regulations, policies, and guidelines, but there has been little in-depth analysis of this ethical principle in the bioethics literature. In this paper, I distinguish between strong and weak versions and the social benefits principle and examine six arguments for it. I argue that while it is always ethically desirable for research with human subjects to offer important benefits to society, the reasonable expectation of substantial (...)
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  • The Basis and Relevance of Emotional Dignity.David Badcott - 2003 - Medicine, Health Care and Philosophy 6 (2):123-131.
    The paper is a preliminary examination of the origin and role of psychological perception or “feeling” of dignity in human beings. Following Ayala's naturalistic account of morality, a sense of emotional dignity is seen as an outcome of processes of natural selection, cultural evolution, and above all a need for social inclusion. It is suggested that the existence of emotional dignity as part of a human species-related continuum provides an explanation of why we treat those in a persistent vegetative state, (...)
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  • Reproductive Autonomy: A Case Study.David Hall & Anton van Niekerk - 2016 - South African Journal of Bioethics and Law 9 (2):61-61.
    Reproductive autonomy has been challenged by the availability of genetic information, disability and the ethics of selective reproduction. Utilitarian and rights-based approaches, as well as procreative beneficence fail to provide compelling reasons for infringing RA, and may even be likened to dangerous eugenics. Parents are not morally obliged to prevent the birth of a disabled child. Society should rather adopt inclusivity, recognising and providing persons with disabilities opportunities for capability and worthwhile lives.
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  • Moral Asymmetries and Economic Evaluations of Climate Change: The Challenge of Assessing Diverse Effects.Blake Francis - 2017 - In Duncan Purves, Säde Hormio & Adrian Walsh (eds.), The Ethical Underpinnings of Climate Economics. New York: pp. 141-162.
     
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  • Storks, Cabbage Patches, and the Right to Procreate.Yvette E. Pearson - 2007 - Journal of Bioethical Inquiry 4 (2):105-115.
    In this paper I examine the prevailing assumption that there is a right to procreate and question whether there exists a coherent notion of such a right. I argue that we should question any and all procreative activities, not just alternative procreative means and contexts. I suggest that clinging to the assumption of a right to procreate prevents serious scrutiny of reproductive behavior and that, instead of continuing to embrace this assumption, attempts should be made to provide a proper foundation (...)
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  • Death, Posthumous Harm, and Bioethics.James Stacey Taylor - 2014 - Journal of Medical Ethics 40 (9):636-637.
    If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...)
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  • The Problem of the Kantian Line.Samuel Kahn - 2019 - International Philosophical Quarterly 59 (2):193-217.
    In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.
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  • Toleration and Liberty of Conscience.Jon Mahoney - 2021 - In Mitja Sardoc (ed.), Handbook of Toleration. Palgrave.
    This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...)
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  • Historic Injustices and the Moral Case for Cultural Repatriation.Karin Edvardsson Björnberg - 2015 - Ethical Theory and Moral Practice 18 (3):461-474.
    It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...)
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  • The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...)
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  • Samaritanism and Civil Disobedience.Candice Delmas - 2014 - Res Publica 20 (3):295-313.
    In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...)
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  • Smuggled Into Existence: Nonconsequentialism, Procreation, and Wrongful Disability. [REVIEW]Nicholas Vrousalis - 2013 - Ethical Theory and Moral Practice 16 (3):589-604.
    The wrongful disability problem arises whenever a disability-causing, and therefore (presumptively) wrongful, procreative act is a necessary condition for the existence of a person whose life is otherwise worth living. It is a problem because it seems to involve no harm, and therefore no wrongful treatment, vis-à-vis that person. This essay defends the nonconsequentialist, rights-based, account of the wrong-making features of wrongful disability. It distinguishes between the person-affecting restriction, roughly the idea that wrongdoing is always the wronging of some person, (...)
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  • What is the Harm Principle For?John Stanton-Ife - 2016 - Criminal Law and Philosophy 10 (2):329-353.
    In their excellent monograph, Crimes, Harms and Wrongs, Andrew Simester and Andreas von Hirsch argue for an account of legitimate criminalisation based on wrongfulness, the Harm Principle and the Offence Principle, while they reject an independent anti-paternalism principle. To put it at its simplest my aim in the present paper is to examine the relationship between ‘the harms’ and ‘the wrongs’ of the authors’ title. I begin by comparing the authors’ version of the Harm and Offence Principle with some other (...)
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  • The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles: A Second Contribution Towards a Consistent Theory of ICL. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...)
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  • In Defense of “Pure” Legal Moralism.Danny Scoccia - 2013 - Criminal Law and Philosophy 7 (3):513-530.
    In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is that it (...)
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  • Criminalizing Behaviour to Protect Human Dignity.Tatjana Hörnle - 2012 - Criminal Law and Philosophy 6 (3):307-325.
    The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions about criminalization. After a critical examination of both the notion of “human dignity as an objective value” and the assumption that the meaning of human dignity can be explained by referring to Kant’s moral philosophy, human dignity violations are characterized as severe humiliations.
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • Victimless Conduct and the Volenti Maxim: How Consent Works. [REVIEW]Michelle Madden Dempsey - 2013 - Criminal Law and Philosophy 7 (1):11-27.
    This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. (...)
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  • Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW]Miriam Gur-Arye - 2012 - Criminal Law and Philosophy 6 (2):187-205.
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...)
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