Harm to Self

Front Cover
Oxford University Press, USA, Jul 24, 1986 - Law - 448 pages
0 Reviews
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.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

HARM TO SELF 17 Legal Paternalism
3
Types of paternalistic coercive laws
8
Hard and soft paternalism
12
What makes a restriction paternalistic?
16
Legal paternalism the harm principle and garrison thresholds
21
Presumptive cases for and against legal paternalism
23
Autonomy
27
Autonomy as capacity
28
Defective Belief
269
Misunderstanding over what is being agreed to
270
Ignorance or mistake about background facts
273
Mistaken expectation of future occurrences
277
Limits to the assumption of risk
280
false pretense and false promise
285
Fraud in the factum versus fraud in the inducement
291
False belief and degrees of voluntariness
300

Autonomy as condition
31
Autonomy as ideal
44
Autonomy as right
47
Personal Sovereignty and its Boundaries
52
Ones right versus ones good
57
Autonomy contrasted with liberty and de facto freedom
62
Autonomous forfeitures of liberty and autonomy itself
68
the riddle of voluntary slavery
71
Alternative rationales for not enforcing slavery agreements
79
commitment and revocability
81
Voluntariness and Assumptions of Risk
98
The SingleParty Case
143
Consent and its Counterfeits
172
Coercive Force
189
Coercive Offers
229
Coercion voluntariness and validity
254
Applications to criminal law problems
262
Informed consent in medicine
305
Incapacity
316
Incompetent status
322
Immaturity
325
Intoxication
332
Illness pain and distracting emotion
340
The Choice of Death
344
Rachels modest proposal
347
Whose life is it anyway?
351
Understandable depression
354
Alternating moods
362
Living wills and their problems
367
Durable power of attorney
372
Xotes
375
Index
413
Copyright

Other editions - View all

Common terms and phrases

References to this book

Liberalism
John Gray
Limited preview - 1995
All Book Search results »

About the author (1986)

Joel Feinberg is at University of Arizona, Tucson.

Bibliographic information