PHILOS 1B03 Lecture Notes - Lecture 1: Loud Music, Harm Principle, Paternalism
26 Jan 2015
School
Department
Course
Professor
Document Summary
Three authors: feinberg: harm principle & offense principle, sumner: harm principle substantial proof of significant harm, mackinnon & scc: harm principle some evidence of some harm. Private nuisance: civil (not criminal) wrong, use of one"s property in a manner that substantially interferes with the enjoyment or use of another individual"s property, e. g. , loud music especially if rap music, smelly garbage cans. Public nuisance: activity that unreasonably threatens the safety, comfort, or welfare of a community, e. g. , foul odors or loud noise from factory; wind turbines, not necessarily harmful; could be profoundly offensive or annoying. Feinberg: dissemination of offensive pornography can be public nuisance and rightly prohibited by law even if not harmful, legitimacy of restricting offensive expression function of balance between a) b, seriousness of offense depends on: Seriousness of the offense caused to unwilling witnesses . Intensity and duration of offense profound offense v. minor annoyance. Reasonable avoidance: reasonableness & value of pornographer"s conduct depends on:
