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This paper explores the Offence Principle. It discusses whether two constraints, ad-ditional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its ...
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Jan 29, 2022 · The Liberal Position: The harm and offense principles, duly clarified and qualified, between them exhaust the class of good reasons for criminal prohibitions. This is compounded, first, of Feinberg’s “harm to others” principle stating, as we saw in section 1:
The offence principle refers to a theory of crime which demands a moral or legal ground for enshrining an actor's behavior. It concerns of the moral standings or feelings of society.
This chapter explores the Offense Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: that offensive conduct must be a wrong, and that the conduct must also lead to harm.
- A. P. Simester, Andrew von Hirsch
- 2002
Aug 27, 2002 · This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm.
- A. P. Simester, Andrew von Hirsch
- 2002
This study is a theoretical insight into the complexity of offence principle as a social reality in human affairs, with a view to tackling the problems associated with it. Keywords: Feinberg’s Offense Principle, Legal Philosophy, Independence, Legality, Morality, Critique 1.
The most comprehensive and influential exploration of how the law should respond to offence can be found in the work of Joel Feinberg, who develops what he describes as an ‘offence principle’: ‘it is always good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offense ...
