Offense to OthersThe 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. |
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acts aesthetic affront amusing appeal applied argument attitudes audience balancing tests behavior cacophemism called cause Chap Chaplinsky charientic comic coprophagy Court curse dirty jokes dirty words disgust disrespect effect emotive meaning erotic euphemisms evil example expression feelings fighting words films footnote fuck function genuine H. L. Mencken harm principle human Ibid immoral inconvenience indecent judgment Justice kind language laughter legal moralism liberal linguistic materials Model Penal Code Nazis norms objects obscene words offending conduct offense principle offensive nuisances one's Paris Adult Theatre party Peter Farb prevent profane profound offense prohibition protection punishment pure insult reaction refer repugnance response Roth sacred Sagarin sense sentiment seriously sex organs sexual sexual intercourse shame shit shock simply Skokie social value standards statutes story swastika symbols taboo things thought tion unpleasant utterance victim violated violent pornography vulgar women word-taboos wrong