Name der Zeitschrift: Klio Jahrgang: 98 Heft: 1 Seiten: 184-202.

This edited collection focuses on the problem of social justice, or, more particularly, how the demand for social justice was articulated and implemented in ...

The mystery does not always end when the crime has been solved. Indeed, the most insolvable problems of crime and punishment are not so much who committed the crime, but how to see that justice is done. Now, in this illuminating volume, one of America's great legal thinkers, Norval Morris, addresses some of the most perplexing and controversial questions of justice in a highly singular fashion--by examining them in fictional form, in what he calls "parables of the law." The (...) protagonist of these stories, the figure who must see that justice is done, is Eric Blair, a name familiar to most readers: it's the real name of George Orwell. In fact, Morris has set his tales in the time and place of Orwell's famous essay, "Shooting an Elephant," in Moulmein, Burma, in the 1920s. What might seem a curious strategy at first glance--borrowing Orwell's persona to narrate these tales--is actually a brilliant stroke. For in Eric Blair we have an ideal narrator to highlight the complexities of justice: an untrained police lieutenant and junior magistrate, uncertain of judgement--and all the more likely to anguish over judgement, and to examine every facet of a case before deciding. And in 1920s Moulmein we have a neutral time and space in which to consider--free of our own political, religious, or social prejudices--a set of contemporary legal and moral questions that rarely find so calm an arena. And these stories certainly address some highly charged issues--capital punishment, insanity as a murder defense, the "battered wife syndrome" as a murder defense, child custody, "parental neglect" due to religious conviction--to name a few. In each tale, Norval Morris excels at placing Blair at the center of a controversy that has no easy answer, and that he and he alone must decide. In the title story, for instance, a retarded boy, whose only understanding of sex comes from the brothel in which he works, accidentally murders a young girl while raping her, his only defense being "Please sir, I paid her." Blair can see that the boy doesn't realize that he has committed a crime, but both the Burmese and the European community of Moulmein demand the boy's execution. Does capital punishment make sense in such an instance? Does it ever make sense? To broaden our understanding of these intricate cases, Morris concludes each story with a perceptive and often provocative commentary on each issue. After "Brothel Boy," for instance, Morris points out that no reputable study has ever shown capital punishment to be an effective deterrent to future murders, and more surprisingly, that paroled murderers commit proportionately fewer homicides than paroled felons who used a firearm in the commission of their crime. Norval Morris is one of America's foremost experts on crime and punishment, and the stories collected here represent the culmination of a lifetime of thought on the major criminal law debates of our time. A reader of these tales will come away with a deeper understanding of these debates and with a profound respect for the intricacies of justice and the complexity of the law. (shrink)

This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching ...

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Gayatri Chakravorty Spivak's original essay "Can the Subaltern Speak?" transformed the analysis of colonialism through an eloquent and uncompromising argument that affirmed the contemporary relevance of Marxism while using deconstructionist methods to explore the international division of labor and capitalism's "worlding" of the world. Spivak's essay hones in on the historical and ideological factors that obstruct the possibility of being heard for those who inhabit the periphery. It is a probing interrogation of what it means to have political subjectivity, to (...) be able to access the state, and to suffer the burden of difference in a capitalist system that promises equality yet withholds it at every turn. Since its publication, "Can the Subaltern Speak?" has been cited, invoked, imitated, and critiqued. In these phenomenal essays, eight scholars take stock of the effects and response to Spivak's work. They begin by contextualizing the piece within the development of subaltern and postcolonial studies and the quest for human rights. Then, through the lens of Spivak's essay, they rethink historical problems of subalternity, voicing, and death. A final section situates "Can the Subaltern Speak?" within contemporary issues, particularly new international divisions of labor and the politics of silence among indigenous women of Guatemala and Mexico. In an afterword, Spivak herself considers her essay's past interpretations and future incarnations and the questions and histories that remain secreted in the original and revised versions of "Can the Subaltern Speak?"—both of which are reprinted in this book. (shrink)

Over 5 million college students in the United States – nearly one-in-three students currently enrolled – are of immigrant origin, meaning they are either the children of immigrant parents or guardians and/or immigrants themselves. These students accounted for almost 60% of the growth in higher education enrolment in the 21st century. Nevertheless, there is very little research dedicated to this student population's specific experiences of postsecondary education, with similar absences discernible within the realms of higher education policy and practice. Although (...) college campuses are making important progress in building more inclusive spaces, conversations about climate and student care rarely account for the journeys of students of immigrant origin. Featuring 20 chapters written by more than 50 contributors, this book addresses this glaring omission. The authors examine how students of immigrant origin experience the road to, through, and beyond higher education, while, simultaneously, speaking to evidence-based implications for policy, research, and practice. (shrink)

This paper (i) offers an interpretation of some central aspects of Jeremy Bentham’s philosophy of language, (ii) challenges the received view of its relation to analytic philosophy, and (iii) seeks to show that this investigation into the prehistory of analytic philosophy sheds light on its history proper. It has been often maintained, most notably by Quine, that Bentham anticipated Frege’s context principle and the use of contextual definition. On these bases, Bentham has been presented as one of the initiators of (...) a tradition that shares a common commitment to the “semantic priority of sentences” and that includes authors as otherwise diverse as Frege, Russell, and Wittgenstein. In opposition to this narrative, I argue that Bentham did indeed anticipate the use of contextual definition, but was not a forerunner of Frege’s context principle. The two issues should be sharply distinguished. I show that Bentham’s philosophy of language is informed by a set of empiricist assumptions that Frege’s contextualism was centrally meant to oppose. I conclude that with respect to the question of the relation between propositional and sub-propositional meaning, we should distinguish two opposed strands in the history of analytic philosophy: an empiricist strand anticipated by Bentham, represented most notably by Russell, and an anti-empiricist strand, represented most notably by Frege and Wittgenstein. (shrink)

Morris N. Eagle explores the understanding and role of subjective experience in the disciplines of psychology, psychoanalysis, and philosophy of mind. Elaborating how different understandings of subjective experience give rise to very different theories of the nature of the mind, Eagle then explains how these shape clinical practices. In particular, Eagle addresses the strong tendency in the disciplines concerned with the nature of the mind to overlook the centrality of subjective experience in one's life, to view it with suspicion, (...) and to reduce it to neural processes. Describing examples of research in which subjective experience is a central variable, Eagle provides an outline of a model in which the dichotomy of conscious and unconscious is supplemented by subjective experience as a continuum. This book is essential reading for psychoanalysts, psychoanalytic psychotherapists, psychologists and anyone wishing to gain a deeper understanding of the importance of theories of the mind to therapeutic practice. (shrink)

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

It is almost universally accepted that the Frege–Geach Point is necessary for explaining the inferential relations and compositional structure of truth-functionally complex propositions. I argue that this claim rests on a disputable view of propositional structure, which models truth-functionally complex propositions on atomic propositions. I propose an alternative view of propositional structure, based on a certain notion of simulation, which accounts for the relevant phenomena without accepting the Frege–Geach Point. The main contention is that truth-functionally complex propositions do not include (...) as their parts truth-evaluable propositions, but their simulations, which are neither forceful nor truth-evaluable. The view makes room for the idea that there is no such thing as the forceless expression of propositional contents and is attractive because it provides the resources for avoiding a fundamental problem generated by the Frege–Geach Point concerning the relation between forceless and forceful expressions of propositional contents. I further argue that the acceptance of the Frege–Geach Point mars Peter Hanks’ and François Recanati’s recent attempts to resist the widespread idea that assertoric force is extrinsic to the expression of propositional contents. Rejecting this idea, I maintain, requires a deeper break with the tradition than Hanks and Recanati have allowed for. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

A characteristic feature of Wagnerian and post-Wagnerian opera is the tendency to link scenes with numerous and often surprisingly lengthy orchestral interludes, frequently performed with the curtain closed. Often taken for granted or treated as a filler by audiences and critics, these interludes can take on very prominent roles, representing dream sequences, journeys and sexual encounters, and in some cases becoming a highlight of the opera. Christopher Morris investigates the implications of these important but strangely overlooked passages. Combining close (...) readings of individual musical texts with an investigation of the critical discourse surrounding the operas, Morris shows how the interludes shed light not only on the representational and narrative capacities of the orchestra, but also on the supposed 'absolute' realm of instrumental music, a concept to which many critics appealed when they associated the interludes with 'purely musical' and 'symphonic' qualities. (shrink)

Proofs are central, and unique, to mathematics. They establish the truth of theorems and provide us with the most secure knowledge we can possess. It is thus perhaps unsurprising that philosophers once thought that the only value proofs have lies in establishing the truth of theorems. However, such a view is inconsistent with mathematical practice. If a proof’s only value is to show a theorem is true, then mathematicians would have no reason to reprove the same theorem in different ways, (...) yet this is a practice they frequently engage in. This suggests that proofs can have a wide variety of values. My purpose in this chapter is to provide a survey of some of them. I will discuss how proofs can have practical value, for example, by helping mathematicians to make new discoveries or learn new mathematical tools, and how they can have abstract value, for example, by being beautiful or explanatory. I will also explore the relationships between different proof values. (shrink)

According to phenomenal transparency, phenomenal concepts are transparent where a transparent concept is one that reveals the nature of that to which it refers. What is the connection between phenomenal transparency and our concept of a subject of experience? This paper focuses on a recent argument, due to Philip Goff, for thinking that phenomenal transparency entails transparency about subjecthood. The argument is premissed on the idea that subjecthood is related to specific phenomenal properties as a determinable of more specific determinates. (...) I argue that the argument fails, which opens the door for one to endorse phenomenal transparency while denying transparency about the concept of a subject of experience. I draw out the consequences of this for certain versions of the combination problem for panpsychist metaphysics and moreover argue that rejecting the transparency of subjecthood does not undermine anti-physicalist arguments premissed on considerations relating to phenomenal transparency. (shrink)

This paper argues that Wittgenstein opposed theories of meaning, and did so for good reasons. Theories of meaning, in the sense discussed here, are attempts to explain what makes it the case that certain sounds, shapes, or movements are meaningful linguistic expressions. It is widely believed that Wittgenstein made fundamental contributions to this explanatory project. I argue, by contrast, that in both his early and later works, Wittgenstein endorsed a disjunctivist conception of language which rejects the assumption underlying the question (...) that such theories seek to answer—namely, the assumption that the notion of a meaningful linguistic expression admits of non-circular analysis. Moreover, I give two arguments in favor of the view I ascribe to Wittgenstein: one based on later Wittgenstein's discussion of meaning skepticism and one based on considerations concerning the identity of linguistic expressions. (shrink)

Friederike Moltmann has recently proposed an account of truth-bearers that draws on Kazimierz Twardowski’s action/product distinction. Her account is meant to provide a third way between the dominant view of primary truth-bearers as mind-independent entities and the recently revived construal of them as mental or linguistic acts. This paper argues that there is no room for Twardowskian accounts because they are based on a notion of “nonenduring product” that defies comprehension, and no need for them because the linguistic data that (...) Twardowskians take to refute the act-theoretic approach can, in fact, be handled by that approach. (shrink)

This work stresses the illogical manner in which mathematics has developed, the question of applied mathematics as against 'pure' mathematics, and the challenges to the consistency of mathematics' logical structure that have occurred in the twentieth century.

Subjective feelings of familiarity associated with a stimulus tend to be strongest when specific information about the previous encounter with the stimulus is difficult to retrieve . Recognizing: The judgment of previous occurrence. Psychological Review, 87, 252–271.]). When a stimulus has been encountered previously and the circumstances of the encounter cannot be recollected, additional cognitive resources may be directed toward recollection processes; this resource allocation is accompanied by autonomic arousal [Dawson, M. E., Filion, D. L., & Schell, A. M. . (...) Is elicitation of the autonomic orienting response associated with allocation of processing resources?. Psychophysiology, 26, 560–572]. One easily measurable index of autonomic arousal is the skin conductance response . In the present study, participants studied lists of words and then gave recognition ratings to briefly displayed and masked studied and nonstudied test words while their SCRs were monitored. Results revealed a relationship between recognition ratings and the temporal characteristics of the SCR, supporting the idea that feelings of familiarity are indeed “feelings” in that they stem from autonomic arousal associated with cognitive resource allocation. (shrink)

In Philosophy as Frustration: Happiness Found and Feigned from Greek Antiquity to Present Bruce Silver argues that traditional philosophical views of happiness, as well as recent psychological theories of happiness, are at odds with themselves and with important accounts of a truly happy life.

Philosophers often suggest that their theories of free will are supported by our phenomenology. Just as their theories conflict, their descriptions of the phenomenology of free will often conflict as well. We suggest that this should motivate an effort to study the phenomenology of free will in a more systematic way that goes beyond merely the introspective reports of the philosophers themselves. After presenting three disputes about the phenomenology of free will, we survey the (limited) psychological research on the experiences (...) relevant to the philosophical debates and then describe some pilot studies of our own with the aim of encouraging further research. The data seem to support compatibilist descriptions of the phenomenology more than libertarian descriptions. We conclude that the burden is on libertarians to find empirical support for their more demanding metaphysical theories with their more controversial phenomenological claims. (shrink)

As both the promise and the influence of feminism have grown, women with disabilities have, with increasing intensity, pronounced themselves to be disregarded within the women's movement to an extent little different from how patriarchal society devalues them.

Frege appears to hold both that thoughts are internally articulated, in a way that mirrors the semantic articulation of the sentences that express them, and that the same thought can be analyzed in different ways, none of which has to be more fundamental than the others. Commentators have often taken these theses to be mutually incompatible and have tended to polarize into two camps, each of which attributes to Frege one of the theses, but maintains that he is only apparently (...) committed to the other. This paper argues that there are good exegetical and philosophical reasons for reconciling the two theses; that this reconciliation can be achieved by rejecting an assumption shared by the two opposite camps of the exegetical debate, i.e., the assumption that essential articulatedness implies unique articulation; and finally, that this crucial assumption can be resisted by appreciating Frege’s anti-atomistic and ‘organic’ conception of the internal complexity of thoughts. (shrink)

Thomas V. Morris introduces philosophical theology, examining God's goodness, power and knowledge; God's relationship to creation and time; and God's Incarnation and Trinity. A Contours of Christian Philosophy book. 180 pages, paper.