Feinberg, Offensive Nuisances

Type one

In Feinberg’s, “Offense to Others,” He argues the offense principle. Feinberg reintroduces Mill’s Harm Principle, in which Mill argues that the state has the right to infringe on an individuals liberties if it prevents them from harming others. However, unlike Mill, Feinberg believes that it is also the state’s right to impose criminal penalties for offensive behavior. Feinberg uses the word “offense” to cover the whole range of universally disliked mental states. The offense principle states that, “the prevention of offensive conduct is properly the state’s business”. However, in order for it to be punishable, the offense must be done by another party, wrong, and serious. Even then, however, the penalty must be lighter than those for violating the harm principle.

Feinberg then starts by giving stories of different situations that may occur on a bus ride. His main reason is to see if in any of these situations, are there legal reasons to punish a party. He points out, that although many of the stories were uncomfortable and unpleasant, most do not constitute harm. Most of the stories disturb us on our sensibility. He goes on the explain the different type of stories, including how many of his stories were about sexual pleasures on the bus. The reason he believes public displays of sexual pleasures disturb us so much is because of harmful consequences in the past, as well as shame. Some of the consequences he speaks of are disease and unwanted pregnancies. However, perhaps one of the most disturbing stories was story 23, which was about bestiality. Feinberg in conclusion explains that these situations are most unpleasant to those who actual experience them, while the levels of displeasures vary from person to person.

Therefore an important question is what to do if one is wrong, since often offenses vary. It can be truly difficult to determine what really is offensive, since our own opinions vary and change. Therefore, the best thing to do is to attempt to limit the state’s power and only punish those that the offense is truly serious. The text really showed how complicated some situations may get in society and how difficult it is for police and legal authorities to implement the right punishments in criminal offenses.