Joel Feinberg facts for kids

Joel Feinberg (born October 19, 1926 – died March 29, 2004) was an American philosopher. He focused on political philosophy and the philosophy of law. This means he studied how governments should work and what laws are fair.

Feinberg also explored ethics, which is about right and wrong. He looked at individual rights and the power of the government. Many people consider him a very important thinker in American law.

Education and Teaching Career

Joel Feinberg went to the University of Michigan for his studies. He wrote a long paper, called a dissertation, about philosophy. His teacher was Charles Stevenson.

After college, Feinberg taught at several universities. These included Brown University, Princeton University, and UCLA. From 1977, he taught at the University of Arizona. He retired in 1994 as a special professor of philosophy and law.

Feinberg was known around the world for his ideas. He researched moral, social, and legal philosophy. His most famous work was a four-book series. It was called The Moral Limits of the Criminal Law. This series came out between 1984 and 1988.

He received many important awards during his career. He also gave talks at universities worldwide. Feinberg was a respected and successful teacher. Many of his former students became famous scholars. Some of them include Jules Coleman and Russ Shafer-Landau.

Understanding Rights for All Beings

In 1974, Joel Feinberg wrote about who can have legal rights. He wondered if animals and people not yet born could have rights.

What Are Rights?

Feinberg started by explaining what rights are. He said rights are "claims to something and against someone." These claims are recognized by laws. For example, a worker's right to a fair wage is a claim. It is a claim to money and against their employer.

After explaining rights, he asked: Who or what can have rights?

Interests and Rights

Feinberg believed that any living thing with "interests" can have rights. Interests are things that come from our thoughts and feelings. These include desires, beliefs, wants, and plans.

So, if something has interests, it can have rights. A right protects one of its interests.

Rights for Animals

Based on his idea, Feinberg said animals can have rights. Animals have desires and feelings. For example, they want to avoid pain. So, they have interests that can be protected by rights.

He argued that we have duties towards animals. This means we should treat them well for their own sake. Therefore, he believed justice requires protecting animal interests with rights.

Who Else Can Have Rights?

Feinberg used his interest theory to look at other groups. He thought about plants, different animal species, and even people who have died.

• Plants: Feinberg said plants cannot have rights. He believed they do not have the kind of interests that come from thoughts or feelings. When we say "water is good for a plant," it means water helps the plant grow. It doesn't mean the plant wants water.
• Animal Species: He also said a whole species, like "the lions," cannot have rights. Only individual lions have interests. Laws protecting a species are usually for the individual animals. Or they are for humans who enjoy seeing that species.
• Companies and Countries: Feinberg believed that companies or countries can have rights. This is because these rights are based on the interests of the real people who work for them.
• People with Severe Mental Disabilities: He said these individuals might have rights. It depends on whether they have the mental abilities needed for interests.
• People Who Have Died: Feinberg thought dead people cannot have rights. They no longer have thoughts or feelings. However, laws about the dead, like protecting their reputation, are still important. These laws protect the interests of their living friends and family. Or they protect the interests the person had before they died.
• Babies Before Birth (Fetuses): Feinberg argued that a fetus could have rights. These rights would be based on the interests the baby will have after it is born. But he said a fetus cannot have a right to be born. This is because the interests only exist if the baby is born.
• Future Generations: He also believed that people not yet born can have rights. These rights are based on the interests they will have in the future. For example, the right to a clean environment.

See also

• American philosophy
• List of American philosophers