Download the Free Fishpond App!
Download on the App Store

Android App on Google play

Already own it?

Sell Yours
Home » Books » Nonfiction » Social Sciences » Criminology

On Criminalization

Law and Philosophy Library

By J. Schonsheck

Elsewhere $496 $362   Save $134.00 (27%)
or 4 easy payments of $90.5 with What's this?
Free shipping Australia wide
Ships from local warehouse
Order Now for Christmas with e-Gift
Register or sign-in to rate and get recommendations.
Format: Paperback / softback, 332 pages, 1994 Edition
Published In: Netherlands, 28 October 2010
When thinking about justified criminalization - whether some action may morally be made a criminal offense - philosophers tend to rely upon 'balancing'. Arguments favoring and opposing criminalization are 'weighed' on a simple beam balance; the 'weightier' reasons prevail. Jonathan Schonsheck argues that this methodology is deeply flawed; among other infirmities, it fosters the neglect of items essential to a defensible decision. He urges the adoption of 'filtering' - a multi-step procedure which directs one to discuss the moral authority of the state, to consider measures less coercive than a criminal statute, and to investigate the pragmatic consequences of criminalization. This procedure, he argues, imposes a structure on disputes which facilitates philosophical progress. 'Filtering' is then applied to an array of public policy issues, including laws which require the use of automobile seat belts and motorcycle helmets, and laws which prohibit the use of certain psychoactive substances ('drugs'). Additionally, the book addresses a number of more theoretical issues in the philosophy of the criminal law. Throughout, it engages the work of leading philosophers: Derek Parfit, Cass R. Sunstein, Richard J. Arneson, and especially Joel Feinberg.

Table of Contents

Introduction & Preview. Part One: On the Deciding whether Criminalization is Morally Justified. One: 'Balancing' as a Decision-Procedure for Morally Justified Criminalization. Two: The Topography of Actions Relevant to Criminalization. Three: 'Filtering' as a Decision Procedure for Morally Justified Criminalization. Part Two: Failures to Justify Coercion. Four: Issues in Paternalism. Five: Oblique Attempts to Expand the Criminalizing Authority of the State. Six: The War on 'Drugs'. Overview and Review. Index.

Promotional Information

Springer Book Archives

EAN: 9789048143566
ISBN: 904814356X
Publisher: Springer
Age Range: 15+ years
Tell a friend

Their Email:

Sell Yours

Already own this item?
Sell Yours and earn some cash. It's fast and free to list! (Learn More.)

Review this Product


Related Searches


Webmasters, Bloggers & Website Owners

You can earn a 5% commission by selling On Criminalization (Law and Philosophy Library) on your website. It's easy to get started - we will give you example code. After you're set-up, your website can earn you money while you work, play or even sleep!



Are you the Author/Publisher? Improve sales by submitting additional information on this title.