PHIL 316 Chapter Notes - Chapter Arneson: Marquess Of Queensberry Rules, Fornication, Gladiator

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Feinberg"s strategy in criminalizing the gladiatorial matches is, in itself, an incomplete one. While he makes many arguments, feinberg leads with the argument that that the legalization of gladiatorial matches would cause increased incidence of killings, muggings, and the like. This, however, is a speculative argument that, in arneson"s opinion, is lacking. Feinberg, in his other arguments and writings, relies on the assumption that people can and do distinguish the moral quality of consented-to events from that of otherwise similar events that are forced on victims. In short, the assumption within his other arguments dismisses the argument he has made for criminalization of gladiatorial matches. Arneson doesn"t seem to fully reject this response. He does agree that, in principle, this is a legitimate reason for instituting criminal prohibitions or government restrictions on individual liberty. He does, however, make a distinction that should be considered before doing so.

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