Continental Ballroom 4 Hilton San Francisco and Towers Ballroom Level
Section on Criminal Justice Richard Daniel Klein, Touro College, Chair Stuart P. Green, Louisiana State University, Program Chair
The Moral Limits of the Criminal Law
Moderator:
Richard Daniel Klein, Touro College
Speakers:
Jules L. Coleman, Yale Law School George P. Fletcher, Columbia University Stuart P. Green, Louisiana State University Bernard E. Harcourt, The University of Arizona
What kinds of conduct may the state legitimately make criminal? Under what circumstances is it permissible to criminalize conduct that is harmful to others? When, if ever, is it morally acceptable to apply the criminal law to conduct that is merely offensive or harmful to self? When, if ever, is it appropriate to apply criminal sanctions to conduct that involves non-harmful forms of moral wrongdoing? In his four volume masterwork, The Moral Limits of the Criminal Law, Joel Feinberg developed a remarkably probing and comprehensive analysis of these fundamental questions in legal and political thought. Despite the great influence it has achieved among philosophers, however, Moral Limits has yet to attain the prominence that it deserves among legal academics and lawyers. This panel offers several legal theorists an opportunity to assess Feinberg's work, to examine its implications, and to offer alternative approaches. Professors Coleman and Fletcher will present the principal papers, with responses from Professors Green and Harcourt.