Offense to Others

Front Cover
Oxford University Press, May 16, 1985 - Philosophy - 350 pages
The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
 

Contents

OFFENSE TO OTHERS 7 Offensive Nuisances 1 Disclaimers the relative triviality of mere offense
The model of nuisance
A ride on the
The modes and meaning of offense
The relation between offense and privacy
the seriousness of the offense
the reasonableness of the offending conduct
Reading the balance
Violent pornography the cult of macho and harm to women
Violent pornography and profound offense
Pornography and the Constitution 1 The offense principle and the first amendment
Hicklin and Roth
from Roth to Paris Adult Theatre
some tips from Justice Brennan
Obscene Words and their Functions I
Profanities

Cultural change and the martyrdom of the premature
Conclusion
Profound Offense 1 Limits to the nuisance model
The distinctive characteristics of profound offense
The bare knowledge problem again
Solution of the bare knowledge problem
The mistreatment of dead bodies
Moral sensibility sentimentality and squeamishness
The Nazis in Skokie
Summary
The Idea of the Obscene
Two apparently conflicting rationales for the prohibition of obscenity
vulgarity
yukkiness
clues in extended applications
The view of D A J Richards
general characteristics of obscenity
Obscenity as Pornography 1 Is pornography obscene?
Pornographic writing contrasted with literary and dramatic
the film Emmanuelle
Pornographic pictorial art poetry and program music
Can pornography be art? The minimal relevance of the question
How can sex of all things be obscene?
The feminist case against pornography
Vulgarities
vulgar reference
vivid description intensification and colorful speech
expressions of strong
feeling
Obscene Words and their Functions II
The uses of invective
The doctrine of fighting words and its difficulties
obscene wit and the dirty joke
The useful but limited contribution of obscene words to obscene humor
Obscene Words and Social Policy 1 Context and paradox
euphemism cacophemism versus prophemismdisphemism
The reaction to excessive euphemization
Two strategies for ridding the language of obscene words
An analysis of dirtymindedness
The case for retention of the obscene vocabulary
Obscene Words and the Law 1 Bare utterance and instant offense
Offensive nuisance and harassment
F C C v Pacifica Foundation
The case against regulation of indecent language on the air waves
Notes
Index
Copyright

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