Buffalo Criminal Law Review最新文献_第5页

Feinberg's Liberal Theory of Punishment 范伯格的自由主义惩罚理论

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.103

H. Bedau

引用次数: 7

Harms and Wrongs 危害与错误

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.13

R. Duff

{"title":"Harms and Wrongs","authors":"R. Duff","doi":"10.1525/NCLR.2001.5.1.13","DOIUrl":"https://doi.org/10.1525/NCLR.2001.5.1.13","url":null,"abstract":"Feinberg’s Harm Principle is not Mill’s Harm Principle. Mill’s principle was exclusive: “[T]he only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” Feinberg’s principle, by contrast, tells us only that “it is always a good reason in support of penal legislation that it would probably be effective in preventing . . . harm to persons other than the actor,” and not whether there could also be other good reasons. It is one “liberty-limiting principle,” specifying one kind of consideration that “is always a morally relevant reason in support of penal legislation,” legislation that, by criminalizing conduct, limits citizens’ liberty. But for all we know so far, there could also be other such principles that specify other morally relevant reasons for thus limiting liberty. Feinberg would come closer to Mill if he held to the “extreme liberal position,” that the Harm Principle specifies the only kind of good reason for criminalization, but that is not his position, for three reasons. First, he hopes at best to sustain the “liberal position.” This means that only effective prevention of harm or “serious offense” to others constitute “good reasons for criminal","PeriodicalId":344882,"journal":{"name":"Buffalo Criminal Law Review","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132074713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 31

Introduction: Feinberg's Moral Limits, and Beyond 引言:范伯格的道德极限及其超越

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.1

S. Green

引用次数: 1

Harms, Wrongs, and Set-Backs in Feinberg's Moral Limits of the Criminal Law 范伯格《刑法的道德界限》中的危害、错误与挫折

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.47

Hamish Stewart

引用次数: 9

Joel Feinberg on Crime and Punishment: Exploring the Relationship between the Moral Limits of the Criminal Law and the Expressive Function of Punishment 乔尔·范伯格论罪与罚:刑法的道德界限与刑罚的表达功能的关系探讨

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.145

B. Harcourt

引用次数: 10

The Moral Limits of the Crime of Money Laundering 洗钱罪的道德界限

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.279

P. Alldridge

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引用次数: 30

Offensive Behavior and German Penal Law 冒犯行为与德国刑法

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.255

Tatjana Höörnle

{"title":"Offensive Behavior and German Penal Law","authors":"Tatjana Höörnle","doi":"10.1525/NCLR.2001.5.1.255","DOIUrl":"https://doi.org/10.1525/NCLR.2001.5.1.255","url":null,"abstract":"Several provisions of the German Penal Code deal with conduct perceived to be intolerable and offensive. Punished are public sexual acts, dissemination of certain obnoxious kinds of pornography, (e.g., pornography with children), public display of pornography in general, and incest. Also offensive are abusive statements against minorities, denial of the Nazi genocide, insults against religious denominations, disturbance of religious ceremonies, mistreatments of dead bodies, and desecration of burial sites. Attempts to justify the prohibition of such behavior within the framework of contemporary German penal theory has led to difficulties. Most of these acts do not result in tangible harm to a specific person. In the absence of obvious damages, it is difficult to reconcile these parts of the German Penal Code with general principles concerning the proper range of the criminal law. The most straightforward explanation would simply point to the fact that the actor violated a moral rule. It would be easy to make that claim for most of the listed acts; their prohibition, indeed, is compatible with prevailing moral standards. Such a moral justification, however, runs contrary to the premises of modern German penal theory.","PeriodicalId":344882,"journal":{"name":"Buffalo Criminal Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114815756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Philosophy, Feinberg, Codification, and Consent: A Progress Report on English Experiences of Criminal Law Reform 哲学、范伯格、法典化与同意:英国刑法改革经验进展报告

Buffalo Criminal Law Review Pub Date : 2001-04-01 DOI: 10.1525/NCLR.2001.5.1.173

P. Roberts

引用次数: 5

Models for Imposing Corporate Criminal Liability: From Adaptation and Imitation Toward Aggregation and the Search for Self-Identity 企业刑事责任的承担模式:从适应、模仿到聚合与自我同一性的寻求

Buffalo Criminal Law Review Pub Date : 2000-04-01 DOI: 10.1525/NCLR.2000.4.1.641

E. Lederman

引用次数: 50

Putting Hate in Its Place: The Codification of Bias Crime Laws in a Model Penal Code 将仇恨置于其位置:在示范刑法典中编纂偏见犯罪法

Buffalo Criminal Law Review Pub Date : 2000-04-01 DOI: 10.1525/NCLR.2000.4.1.341

Anthony M. Dillof

引用次数: 1