By Joel Feinberg
The ultimate quantity of Feinberg's four-volume paintings, the ethical Limits of legal legislation examines the philosophical foundation for the criminalization of so-called "victimless crimes" similar to price ticket scalping, blackmail, consented-to exploitation of others, advertisement fortune telling, and consensual sexual kinfolk.
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Additional resources for Harmless Wrongdoing (Moral Limits of the Criminal Law, Vol 4)
Sample text
Some conduct is regarded as a nuisance to others, just because those others regard the conduct as immoral. "17 It is Nagel, however, who is begging the question if he assumes that to judge an action to be a nuisance is never independent of any judgment of its morality. If public nudity, public defecation, or public married intercourse are judged immoral by most people, it is obviously not because they are thought to be inherently wicked wherever and whenever they occur, but rather precisely because they offend those who witness them.
The point has a certain vividness when confined to beliefs about actual persons and their works, though a purist might well insist that "the universe would also be a better place" without false beliefs about continental drift, or the origins of planets, or the existence of God. 8. The wanton, capricious squashing of a beetle (frog, worm, spider, wild flower) in the wild. Small wriggling creatures often cause harm and/or offense to people who find them in city homes and apartments, but in the wilderness they bother no one.
See Vol. I, Chap. ) Physical injury, however, is a setback to the welfare interest all normal persons are presumed to have in the efficient functioning of their bodies. In almost every case, a person would be handicapped in his pursuit of his own good, whatever that might be, if his body no longer functioned properly. Harm to character, on the other hand, need not be a setback to one's interests (although it often is, if the person does not have a certain compensatory guile), and when it is not, it cannot be a harm in the primary sense unless the person has a prior interest (and again he need not) in the excellence of his character.