This first volume in the four-volume seriesThe Moral Limits of the Criminal Lawfocuses 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.
General Introduction: The Basic Question of the Book * The Concept of Moral Legitimacy * The Idea of a Liberty-Limiting Prinviple * Commonly Proposed Liberty-Limiting Principles * Liberalism * Methodology * Primary and Derrivative Crimes * Alternatives to the Criminal Law * Skepticism VOLUME ONE: HARM TO OTHERS I Harms as Setbacks to Interest: Meaning of Harm * Welfare Interests and Ulterior Interests * Interests and Wants * Harms, Hurts, and Offenses * The Manner in which Acts and Other Events Affect Interests When They Do Harm * The Concept of an Interest Network * Legally Protectable Interests * II Puzzling Cases: Moral Harm * Other-Regarding Interests and Vicarious Harms * Death and Posthumous Harms * Surviving Interests * The Proper Subject of Surviving Interests * Doomed Interest and the Dating of Harm * A Note on Posthumous Wrongs * Birth and Prenatal Harms * III Harming as Wronging: The Verbal Forms: To Harm and to Wrong * Harming and Injuring * Moral Indefensibility * Harming as Right-Violating * Harm and Consent: the Volenti maxim * The Concept of a Victim * The Casual Component in Harming * IV Failing to Prevent Harm: East Rescue and the Bad Samaritan * The Confusion of Active Aid with Gratuitous Benefit * Lord macauley's Line-Drawing Problem * Omissions an Other Inactions * Are Legal Dutl£B