دانلود کتاب Texting, Suicide, and the Law: The case against punishing Michelle Carter

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Cover
Half Title
Title
Copyright
Contents
Preface
1 Introduction
The issue: should Michelle Carter be punished?
Background
Four underlying issues
Privacy
Causation and coercion
Punishment
Suicide laws
2 Privacy
The privacy issue
The prima facie case for privacy
The value of privacy
Michelle’s and Conrad’s interest in privacy is legitimate
Reasonable expectations of privacy
Reasonable expectations of privacy in texts
Balancing privacy against competing interests
The need to balance
The interest in moral punishment
The interest in legal punishment
3 Causation and coercion
The issue
Framing the legal question
Ms. Carter did not commit manslaughter by omission
Ms. Carter did not commit manslaughter by commission
Was her conduct reckless?
Causation
But for cause
Proximate cause
The voluntary intervention principle
Encouraging and inciting vs. advising
Coercion
Conclusion: can words kill?
4 Punishment
Overview
Retributive purposes of punishment
Kant and Hegel
Mabbott
Legal moralism
The case against legal moralism
Utilitarian purposes of punishment
Conclusion
5 Suicide laws
Overview
The utilitarian argument: is suicide always a bad consequence?
Did Ms. Carter act badly in encouraging suicide?
The theistic and other arguments that suicide is wrong
The liberal pluralist argument against suicide laws
An example: oyako shinju
The First Amendment Establishment Clause objection to suicide laws
Encouraging, advising, assisting
6 Conclusion
Haidt’s argument: reason vs. intuition
Privacy
Index