By Joel Feinberg
Examines the "offense precept" - the main that combating surprise, disgust, or revulsion is usually a morally suitable explanation for criminal prohibition.
Read or Download Offense to Others (Moral Limits of Criminal Law, Vol 2) PDF
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Extra resources for Offense to Others (Moral Limits of Criminal Law, Vol 2)
6 b. Th e motive of th e defendant, in particular its character as innocent or spiteful: " . . where the defendant acts out of pure malice or spite, as by erecting a fence for the sole purpose of shutting off the plaintiff's view . . '" 8 OFFENSIVE NUISANCES 9 c. Whether th e defendant, b y taking reasonable steps, ca n avoid o r reduce th e inconvenience to the plaintiff without undue burden or inconvenience to himself. This is the counterpart on the defendant's side of the scales of factor 3 in the plaintiff's list.
C. Th e extent t o which th e plaintiff can, without undue burden o r hardship, avoid th e offense b y taking precautions against it . The plaintiff cannot plausibly complain, for example, that occasional smoke from his neighbor's land has entered his own home, when he has neglected to close the windows through which the smoke enters. 2. Th e reasonableness o f th e defendant's conduct depends on a. Th e social value o f its ultimate purpose. "The world must have factories, smelters, oil refineries, noisy machinery, and blasting, even at the expense of some inconvenience to those in the vicinity, and the plaintiff may be required to accept and tolerate some not unreasonable discomfort for the general good .
The unresolved conflict between instinctual desires and cultural taboos leaves many people in a state of unstable equilibrium and a readiness to be wholly fascinated, in an ambivalent sort of way, by any suggestion of sexuality in their perceptual fields. There is a temptation to sec and savour all, and to permit oneself to become sexually stimulated, as by a pornographic film, but instantly the temptations of voyeurism trigger the familiar mechanism of inhibition and punishment in the form of feelings of shame.