Who gets to use force and when? How are we supposed to justify the use of violence in achieving political goals and establishing and maintaining political communities and structures? With Anthony Ellis , David Garren , and Scott Hibbard.

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

Coordinate-based approaches to physical theories remain standard in mainstream physics but are largely eschewed in foundational discussion in favour of coordinate-free differential-geometric approaches. I defend the conceptual and mathematical legitimacy of the coordinate-based approach for foundational work. In doing so, I provide an account of the Kleinian conception of geometry as a theory of invariance under symmetry groups; I argue that this conception continues to play a very substantial role in contemporary mathematical physics and indeed that supposedly ``coordinate-free'' differential geometry (...) relies centrally on this conception of geometry. I discuss some foundational and pedagogical advantages of the coordinate-based formulation and briefly connect it to some remarks of Norton on the historical development of geometry in physics during the establishment of the general theory of relativity. (shrink)

An extended analysis is given of the program, originally suggested by Deutsch, of solving the probability problem in the Everett interpretation by means of decision theory. Deutsch's own proof is discussed, and alternatives are presented which are based upon different decision theories and upon Gleason's Theorem. It is argued that decision theory gives Everettians most or all of what they need from `probability'. Contact is made with Lewis's Principal Principle linking subjective credence with objective chance: an Everettian Principal Principle is (...) formulated, and shown to be at least as defensible as the usual Principle. Some consequences of (Everettian) quantum mechanics for decision theory itself are also discussed. -/- [NB: this this long (70 pages) and occasionally rambling online-only paper has been almost entirely superseded by material in subsequent; if something is not included in them it usually means that I have had second thoughts. I include it for completeness only. (shrink)

The ‘celebrated’ Catharine Macaulay was both lauded and execrated during the eighteenth century for her republican politics and her unconventional life. This comprehensive biography in the “life and letters” tradition situates her works in their political and social context and offers an unprecedented, detailed account of the content and influence of her writing, the arguments she developed in her eight volume history of England, and her other political, ethical, and educational works. Her disagreements with conservative opponents, David Hume, Edmund (...) Burke, and Samuel Johnson are developed in detail, as is her influence on more progressive admirers such as Thomas Jefferson, Jacques-Pierre Brissot, Mercy Otis Warren, and Mary Wollstonecraft. Macaulay emerges as a coherent and influential political voice, whose attitudes and aspirations were typical of those enlightenment republicans who based their progressive politics in rational religion. She looked back to the seventeenth century levelers and parliamentarians as important precursors of the struggles for liberty and political rights that she advocated for Great Britain, America, and France. Her defence of republican liberty and the equal rights of men offers an important corrective to certain misleading contemporary accounts of the origins of democratic republicanism during this crucial period. (shrink)

Humboldtian science Content Type Journal Article DOI 10.1007/s11016-010-9480-6 Authors David Oldroyd, School of History and Philosophy, The University of New South Wales, Sydney, 2052 Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Proceedings of the papers presented at the Symposium on "Revisiting Turing and his Test: Comprehensiveness, Qualia, and the Real World" at the 2012 AISB and IACAP Symposium that was held in the Turing year 2012, 2–6 July at the University of Birmingham, UK. Ten papers. - http://www.pt-ai.org/turing-test --- Daniel Devatman Hromada: From Taxonomy of Turing Test-Consistent Scenarios Towards Attribution of Legal Status to Meta-modular Artificial Autonomous Agents - Michael Zillich: My Robot is Smarter than Your Robot: On the Need for (...) a Total Turing Test for Robots - Adam Linson, Chris Dobbyn and Robin Laney: Interactive Intelligence: Behaviour-based AI, Musical HCI and the Turing Test - Javier Insa, Jose Hernandez-Orallo, Sergio España - David Dowe and M.Victoria Hernandez-Lloreda: The anYnt Project Intelligence Test (Demo) - Jose Hernandez-Orallo, Javier Insa, David Dowe and Bill Hibbard: Turing Machines and Recursive Turing Tests — Francesco Bianchini and Domenica Bruni: What Language for Turing Test in the Age of Qualia? - Paul Schweizer: Could there be a Turing Test for Qualia? - Antonio Chella and Riccardo Manzotti: Jazz and Machine Consciousness: Towards a New Turing Test - William York and Jerry Swan: Taking Turing Seriously (But Not Literally) - Hajo Greif: Laws of Form and the Force of Function: Variations on the Turing Test. (shrink)

Tippett is often cast as a composer with a strong visionary streak, but what does that mean for a twentieth-century artist? In this multi-faceted study, David Clarke explores Tippett's complex creative imagination - its dialogue between a romantic's aspirations to the ideal and absolute, and a modernist's sceptical realism. He shows how the musical formations of works such as The Midsummer Marriage, King Priam, and The Vision of Saint Augustine resonate with the aesthetic and theoretical ideas of key figures (...) in modern Western culture - some known to have been influential to the composer, others not usually associated with him. Analyses of late works such as the Triple Concerto and Byzantium also speculate on Tippett's sexuality as a critical element in his creative and political consciousness. (shrink)

Philosophers in the tradition of Berkeley say that the first step in gaining knowledge from perception is to report or describe one's perceptual data, or that which one sees ‘immediately'. Further, perceptual data are existing things of some sort, and always are exactly as they appear to be since, as H. H. Price says, “in the sphere of the given … what seems, is”. However, these two claims about perceptual data are sometimes incompatible, as the following case shows. Suppose a (...) man looking at a speckled hen reports that it has many speckles but is not able to report the exact number of speckles it has. If above is correct, the man's perceptual datum, as opposed to the physical hen itself which he sees—according to Berkeleians—in a merely indirect sense, would have to be indeterminate in character. Yet we assume that everything which exists ) is and has to be completely determinate. A person's knowledge is indeterminate if he knows that the planet Mars has either two or three satellites and doesn't know which. But Mars itself at any moment has to have some definite number of satellites. (shrink)

Over the fourteen years that we have been publishing Comparative and Continental Philosophy, we have shared five Special Issues with our readers. The first was published in our seventh year and was...

Not always, concludes this C.P.A. who asks that laymen be critical.

This chapter contains sections titled: The Inversion Argument The Costs‐of‐Dominance Argument The Distraction Argument Defining Discrimination.

« Cet article se propose de revenir, en s’appuyant sur des documents d’archives inédits, même en Allemagne, sur le chapitre que Günther Anders consacre au jazz dans le tome 1 de L’Obsolescence de l’homme. Voyant dans le jazz l’ analogon d’une machine destinée à dresser les corps, il ne le confie ni à une philosophie de la musique ni à une sociologie de la musique, mais à une critique de la technique. Si ce texte de 1956 repose sur une analyse (...) de la machine-jazz du swing qui peut parfois sembler injuste, les notes inédites révèlent en revanche un véritable intérêt pour le be-bop.». (shrink)

Channeled entities, like Seth and Michael, maintain that your inner consciousness utilizes expectations to create your life.

A defense of P.F. Strawson's view of asymmetrical dependency between objects and events. (Events are dependent on objects, not the other way around) put forth in his _Individuals_. I defend Strawson's view against a critique in "Strawson on Ontological Priority" by J.M.E. Moravscik. In doing so I critique Moravscik by drawing a distinction between ontological and conceptual dependencies. This was a chapter of my senior thesis published in an undergraduate journal and should probably only be read if you need a (...) good laugh. Published in an undergraduate conference journal Aporia. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 3-12 [Access article in PDF] Monotheistic Violence David Lochhead Vancouver School ofTheology While Israel was staying at Shittim, the people began to have sexual relations with the women of Moab. They invited the people to the sacrifices of their gods, and the people ate and bowed down to their gods. Thus Israel yoked itself to the Baal of Peor, and the LORD's anger was (...) kindled against Israel. The LORD said to Moses, "Take all the chiefs of the people, and impale them in the sun before the LORD, in order that the fierce anger of the LORD may turn away from Israel." And Moses said to the judges of Israel, "Each of you shall kill any of your people who have yoked themselves to the Baal of Peor." (Num. 25:1-5) This is the first of two stories told in Numbers 25. In the second, an Israelite brings a Midianite woman into the camp as the sentence is being carried out. In response, one of the Israelites, a man named Phinehas, a grandson of Aaron the priest, takes a spear and follows the couple into a tent, where he slaughters them both. God commends this act of butchery with these words: "Phinehas son of Eleazar, son of Aaron the priest, has turned back my wrath from the Israelites by manifesting such zeal among them on my behalf that in my jealousy I did not consume the Israelites. Therefore say, 'I hereby grant him my covenant of peace. It shall be for him and for his descendants after him a covenant of perpetual priesthood, because he was zealous for his God, and made atonement for the Israelites.'" (Num. 25:11-13)The account of these incidents is an unsophisticated one. God is portrayed, in an anthropomorphic way, as violently egocentric. The punishment exacted for offending God is crude and barbaric. This is a god who demands violence and commends violence when it is performed in his cause. This is a god who is intensely competitive toward the other gods and who treats vindictively anyone who has commerce with them.Because of the unsophisticated terms in which this story is told, it is easy enough to dismiss a text like this as a crude expression of ancient Hebrew religion that the Judeo-Christian tradition has long since transcended. I want to take a somewhat different perspective and argue that the violence expressed in this text, albeit in a more subtle and spiritualized way, has persisted in the Christian tradition.The violence of Numbers 25 has the following characteristics. First, it is ordered [End Page 3] and justified in terms of an exclusive loyalty to a single deity. Secondly, it expresses a religious xenophobia. This xenophobia is religious, cultural, and sexual. The transgression of the loyalty to God is attributed to the presence of foreign women. In short, the text is chauvinist and misogynist.It is common to distinguish between henotheism and monotheism. Henotheism is the worship of a single god in distinction from other gods. Henotheism does not deny the existence of other gods. It focuses its attention and devotion on only one of those gods. Thus henotheism might also be described as monolatry--the worship of one god among many. Monotheism, by contrast, acknowledges the existence of only one god.Given this contrast, we can say that Numbers 25 is a henotheistic text. That is, Yahweh, the god who leads the Israelites out of Egypt and toward the Promised Land, acknowledges the reality of the other god--here the Baal of Peor--by the intensity of his anger. The worship of the Moabites is taken very seriously. Those who participate in the Moabite cult actually yoke themselves to this other god. The coincidence of the sexual liaison with Moabite women and the worship of the Moabite god expresses something of the intimacy of the relationship in which the Israelite men are understood to participate. It is the assumed reality of the Moabite deity that makes it necessary for Yahweh to demand that the offenders be impaled in the glaring light of the desert... (shrink)

The paper, written for a research handbook, critically surveys some fundamental philosophical, historical, and doctrinal issues in the crime of aggression. The two introductory sections set the theoretical issues in the context of Russia’s invasion of Ukraine, and explain the origins of criminalizing aggression under the heading of “crimes against peace.” Section 3 explores an ambiguity between aggression as first use of force and aggression as unprovoked use of force, while section 4 discusses the doctrinal distinction between acts of aggression (...) and wars of aggression. Sections 5 and 6 turn to the theory of aggression. Section 5 examines modern versus early modern just war theorists’ views of just cause. Section 6 explores various theories of what exactly makes aggressive war so evil that it belongs in the pantheon of core crimes, side by side with genocide, crimes against humanity, and other war crimes. The basic question is whether aggression is fundamentally a crime against states, a crime against human rights, or a crime against peace itself. I reject the first, statist, version, and endorse the human rights version. I examine three versions of the view that aggressive war is fundamentally about its human costs: that aggressive wars lead to atrocities (Trainin); that aggressive wars lead more generally to unjustified killings (Dannenbaum); and that aggressive wars lead to both unjustified killings by the aggressor, and to unnecessary killings that include the justified killings of aggressors’ troops by defenders (Mégret). As for crimes against peace, I argue that this theory of aggression’s evils comes in two “flavors,” one of which has justly been criticized by postcolonial writers, and one of which I think is legitimate. The former originates in Judge Pal’s famous dissenting opinion in the IMTFE, and argues that criminalizing aggression is a move by colonial powers to freeze the oppressive status quo. The more legitimate version is that in an age of catastrophically destructive weapons, the risks of escalation in armed conflict –the threat that conflicts will spiral into world wars–are simply too great in human terms. Thus, the legitimate version of “crimes against peace” is part and parcel of the human rights analysis. The final sections break new ground. Section 7 considers whether aggression is solely a leadership crime. Everyone agrees that it would be wrong to punish ordinary soldiers for the crime of aggression launched by their leaders. The questions is why, and it is not easy to answer. Examining it brings us to a contemporary dispute over which leaders can be prosecuted: only those who control or direct the aggressive policies (as per the ICC’s Rome Statute), or others as well, who “shape or influence” the policy without necessarily directing it (as the customary rule used to be formulated). I argue against any narrowing of the leadership clause. Section 8 explores the “paradox of immunity”: Under the legal principle of sovereign immunity, apex leaders are immune from prosecution in the courts of another state. But under the narrow leadership clause, only apex leaders can be prosecuted. Here I argue for a surprising conclusion: that in fact there never was a customary rule of immunity for the crime of aggression. If so, the paradox of immunity disappears. This resolution also helps cut the Gordian knot of a current debate about whether a relatively small subset of states (the EU, perhaps) can form an aggression tribunal and call it “international.”. (shrink)

Ofrezco una exposición, tanto apreciativa como crítica, de la interpretaciónpropensista de la probabilidad que Karl Popper introdujo en 1957 y desarrollóen numerosas publicaciones durante los 35 años siguientes.

In Paradise Wild, David Oates addresses this and many other provocative questions as he explores the persistent myth of Eden from several different angles. As a lifelong mountaineer and reader of nature literature, as a scholar, as a descendant of naturalist William Bartram, and as a gay ex-Baptist who took to the mountains to test his masculinity, Oates has thought deeply about how nature and culture interact in our lives and about the contemporary debate over wilderness and environment. Paradise (...) Wild brings all these elements together in a lively, genre-hopping book that will move readers emotionally and intellectually, at the same time that it contributes to the ongoing debate in scholarly and environmental circles over the meaning of "nature" and "wilderness." Paradise Wild tells stories, explores major scholarship and literature of nature, and analyzes how the misapplied myth of Eden has mired Americans in a hopeless "Paradise Lost" mentality that belies the true, ever-present wildness in our lives. Oates argues that mourning for a lost paradise is a dead end that cannot help us combat the real damage we're doing to ourselves and the rest of the world. He proposes a healthy re-mythologizing of the Eden story as a way of celebrating "wildness" -- the Eden in each moment and in each cell, that cannot be lost. His book is about welcoming that wildness into the midst of daily life. This bold and original work will appeal to general readers as well as to scholars and students with an interest in environmental literature and philosophy, nature writing, cultural studies, and queer studies. (shrink)