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)

Drawing on extensive Thai literary and oral history sources this article sets out to explain the complex social, political, ethnic and religious framework within which the opening by ‘the Irish Buddhist’ U Dhammaloka of a free, bilingual and multi-ethnic Buddhist school at Wat Ban Thawai, Bangkok in May 1903 acquires a broader and deeper significance. The article documents the mutual relationships between the local Buddhisms of Tai, Burmese and Lao ethnic minorities and the politics of British-Siamese alliance in the (...) period before and during the First World War. It examines the British-Siamese support of these Buddhist communities in Bangkok and explores the British-Siamese use of their diplomatic relationship with the Tai, Burmese and Lao ethnic minorities in Ban Thawai and elsewhere (i.e. across the borders between Siam and Burma) in order to centralize power. It also discusses the anomalous effect of British and French influence in Ban Thawai which allowed local resistance to Siamese centralization and saṅgha reform. (shrink)

In this paper I confront what I take to be the crucial challenge for fictional realism, i.e. the view that fictional characters exist. This is the problem of accounting for the intuition that corresponding negative existentials such as ‘Sherlock Holmes does not exist’ are true (when, given fictional realism, taken literally they seem false). I advance a novel and detailed form of the response according to which we take them to mean variants of such claims as: there is no concrete (...) x such that x is Sherlock Holmes. (shrink)

Several philosophers including Kripke have contended that fictional entities do exist as abstract objects, and fictional names refer to such abstract entities. Kripke and Thomasson compare fictional entities to existing social entities. Kripke also reflects on fictions inside fictions to support his view. Many philosophers appeal to the apparent fact that we quantify over fictional entities. Such arguments in favor of the existence of fictional entities are critically scrutinized. It is argued that they are much less compelling than their proponents (...) suggest and involve various obscurities. (shrink)

In Burma, the rituals connected with the earth concern the relationship between the local communities of rice-growers and the political whole that encompasses them. The structure of this totality is a result of the history of the Burmese Buddhist monarchy which was, from the tenth century to the end of the nineteenth, the dominant political institution of the Irrawaddy valley. The Buddhist kings were viewed as the masters of the earth, a role symbolized by the ritual of the first (...) furrow, which they “traced” in the soil in order to inaugurate the work season. Moreover, the native Burmese religious system does not include a deity exclusively associated with the earth and who could, by this right, be the object of a systematic cult. This complex religious system, dominated by Buddhism, includes another cult, that of the thirty-seven nats, whose history is linked both to the Burmese monarchical system and the adoption of Theravada Buddhism as the state religion. The fall of the monarchy in 1886 did not bring about its disappearance. On the contrary, this cult is still quite alive and touches all levels of Burmese society. It is especially vibrant in those local communities that worship the thirty-seven nats of the national pantheon, viewed as the protector of their land. (shrink)

The verb 'imagine' admits of perspectival modification: we can imagine things from above, from a distant point of view, or from the point of view of a Russian. But in such cases, there need be no person, either real or imagined, who is above or distant from what is imagined, or who has the point of view of a Russian. We call this the puzzle of perspectival displacement. This paper sets out the puzzle, shows how it does not just concern (...) language, but also states of imagining themselves, and then presents a solution. The solution draws on the idea that many reports of imagining conceal a distinctive kind of question, and such concealed questions have an extra argument place for (what we will call) an experiencer from whose perspective things are imagined. This solution has a range of advantages over other proposals in the literature, and helps to advance two debates concerning perspectival engagement with fiction. (shrink)

It is advisable to treat some sorts of discourse about fiction with the aid of an intensional operator "in such-And-Such fiction...." the operator may appear either explicitly or tacitly. It may be analyzed in terms of similarity of worlds, As follows: "in the fiction f, A" means that a is true in those of the worlds where f is told as known fact rather than fiction that differ least from our world, Or from the belief worlds (...) of the community in which the fiction originated. (shrink)

This challenging study places fiction squarely at the centre of the discussion of metaphysics. Philosophers have traditionally treated fiction as involving a set of narrow problems in logic or the philosophy of language. By contrast Amie Thomasson argues that fiction has far-reaching implications for central problems of metaphysics. The book develops an 'artifactual' theory of fiction, whereby fictional characters are abstract artifacts as ordinary as laws or symphonies or works of literature. By understanding fictional characters we (...) come to understand how other cultural and social objects are established on the basis of the independent physical world and the mental states of human beings. (shrink)

The aim of this book is to provide a unified solution to a wide range of philosophical problems raised by fiction. While some of these problems have been the focus of extensive philosophical debate, others have received insufficient attention. In particular, the epistemology of fiction has not yet attracted the philosophical scrutiny it warrants. There has been considerable discussion of what determines the contents of works of fiction, but there have been few attempts to explain how audiences (...) identify their contents, or to identify the norms governing the correct understanding and interpretation of works of fiction. -/- This book answers a wide range of both metaphysical and epistemological questions concerning fiction in a way that clarifies the relations between them. The metaphysical questions include: What distinguishes works of fiction from works of non-fiction?; What is the nature of fictive utterances?; What determines the contents of works of fiction?; What kinds of fictive content are there?; How broad in scope is fictive content?; and What kinds of things are fictional entities? The epistemological questions include: How do audiences identify the contents of authors’ fictive utterances?; How does understanding a work of fiction differ from interpreting it?; and What role does thinking and talking about fiction from an external perspective play in enabling communication through fiction? It develops the first single theory that provides answers to all these questions. (shrink)

How is it that we can be moved by what we know does not exist? In this paper, I examine the so-called 'paradox of fiction', showing that it fatally hinges on cognitive theories of emotion such as Kendall Walton's pretend theory and Peter Lamarque's thought theory. I reject these theories and acknowledge the concept-formative role of genuine emotion generated by fiction. I then argue, contra Jenefer Robinson, that this 'éducation sentimentale' is not achieved through distancing, but rather through (...) the engagement of our emotions. Literature does this, I claim, by its uniquely perspicuous presentations of emotional concepts, and the cognitive pleasure that such 'presentations' prompt in us. (shrink)

Science and fiction seem to lie at opposite ends of the cognitive-epistemic spectrum. The former is typically seen as the study of hard, real-world facts in a rigorous manner. The latter is treated as an instrument of play and recreation, dealing in figments of the imagination. Initial appearances notwithstanding, several central features of scientific modeling in fact suggest a close connection with the imagination and recent philosophers have developed detailed accounts of models that treat them, in one way or (...) another, as akin to fictions. This chapter will critically discuss the fictions approach as an epistemology of scientific modeling. (shrink)

This paper maintains that empathy with fictional characters, aka fictional empathy, is morally valuable insofar as it can provide the empathizer with knowledge of values. More precisely, the paper argues that fictional empathy enables the empathizer to become imaginatively acquainted with the other’s values, even if these values are very different from one’s own. After motivating the topic in the introduction (section 1), the paper presents some thoughts about the epistemology of value and empathy, establishing a distinction between direct and (...) imaginative acquaintance with values (section 2). Next, it argues that empathy can lead the empathizer to co-experience the other’s values and, in so doing, make her directly or imaginatively acquainted with them (section 3). The paper discusses a possible challenge concerning the epistemic function of the imagination and explores different ways in which we can become imaginatively acquainted with values (section 4). It then examines features of fiction that explain why fictional empathy might be better suited than empathy for real others in pursuing this task (section 5). The paper closes by providing some reasons why we should regard the imaginative acquaintance with value attained through fictional empathy as morally valuable (section 6). (shrink)

[Final version in Philosophical Papers, 2000] Much has been made over the past few decades of two related problems in aesthetics. First, the "feeling fiction problem," as I will call it, asks: is it rational to be moved by what happens to fictional characters? How can we care about what happens to people who we know are not real?[i] Second, the so-called "paradox of tragedy" is embodied in the question: Why or how is it that we take pleasure in (...) artworks which are clearly designed to cause in us such feelings as sadness and fear?[ii] Various solutions to these puzzles have been proposed, but my primary aim is neither to offer a novel solution nor to summarize and critique most of the alternatives.[iii] My focus instead will be on the issue of consciousness and, more specifically, to view these problems from the point of the view of the so-called "higher-order thought theory of consciousness" . Although some work on these puzzles have raised important questions about the nature of consciousness and "aesthetic experience," no attempt has yet been made to examine them in light of a specific theory. (shrink)

If science fiction is a genre, then attempts to think about the nature of science fiction will be affected by one’s understanding of what genres are. I shall examine two approaches to genre, one dominant but inadequate, the other better, but only occasionally making itself seen. I shall then discuss several important, interrelated issues, focusing particularly on science fiction : what it is for a work to belong to a genre, the semantics of genre names, the validity (...) of attempts to define genres, and the connections between genre and normativity. One important but neglected clue to the nature of genres lies in the kinds of disagreements they generate over the assignment of works to genres. I conclude by explaining why these disagreements tell us something about the nature of genres, and discussing in some detail two famous cases of disagreement about whether some work or works are science fiction. (shrink)

The epistemology of models has to face a conundrum: models are often described as highly idealised, and yet they are considered to be vehicles for scientific explanations. Truth-oriented—veritist—conceptions of explanation seem thereby undermined by this contradiction. In this article, I will show how this apparent paradox can be avoided by appealing to the notion of fiction. If fictionalism is often thought to lead to various flavours of instrumentalism, thereby weakening the veritist hopes, the fiction view of models offers (...) a framework much richer than it seems at first sight. To do so, I will call upon the concepts of modality, counterfactual structure and credible worlds. In the end, veritism of explanation and fiction can indeed go hand in hand, but the scope of explanations we can hope to draw from models must be more precisely delineated. (shrink)

This essay will criticize Peter Lamarque’s claim in The Opacity of Narrative that reading for ‘opacity’ is the way to read literature as literature. I will summarize the idea of ‘opacity’ and consider the plausibility of this claim through an examination of Lamarque’s related comments on translation. The argument for ‘opacity’, although it insists on the importance of attention to a work’s form in the apprehension of its content, involves, at the same time, a certain obliviousness to form, indicated in (...) the first instance by an unpersuasive conflation of lyric poetry and prose fiction. Through a comparison of opposing approaches to the translation of a novel written in verse, and an analysis of why the translation of poetry is generally understood to be more challenging than the translation of prose, I will argue that reading for ‘opacity’ does not adequately capture what it means to read literature as literature. (shrink)

Exploring the radical potential of fiction as a tool for social change through speculative design, afro-surrealism, critical fabulations and alternative pedagogies.

Do fictions depend upon imagination? Derek Matravers argues against the mainstream view that they do, and offers an original account of what it is to read, listen to, or watch a narrative. He downgrades the divide between fiction and non-fiction, largely dispenses with the imagination, and in doing so illuminates a succession of related issues.

Despite widespread evidence that fictional models play an explanatory role in science, resistance remains to the idea that fictions can explain. A central source of this resistance is a particular view about what explanations are, namely, the ontic conception of explanation. According to the ontic conception, explanations just are the concrete entities in the world. I argue this conception is ultimately incoherent and that even a weaker version of the ontic conception fails. Fictional models can succeed in offering genuine explanations (...) by correctly capturing relevant patterns of counterfactual dependence and licensing correct inferences. Using the example of Newtonian force explanations of the tides, I show how, even in science, fiction can be a vehicle for truth. (shrink)

This paper considers the medium of videogames from a goodmanian standpoint. After some preliminary clarifications and definitions, I examine the ontological status of videogames. Against several existing accounts, I hold that what grounds their identity qua work types is code. The rest of the paper is dedicated to the epistemology of videogaming. Drawing on Nelson Goodman and Catherine Elgin's works, I suggest that the best model to defend videogame cognitivism appeals to the notion of understanding.

Impossible fictions are valuable evidence both for a theory of fiction and for theories of meaning, mind and epistemology. This article focuses on what we can learn about fiction from reflecting on impossible fictions. First, different kinds of impossible fiction are considered, and the question of how much fiction is impossible is addressed. What impossible fiction contributes to our understanding of "truth in fiction" and the logic of fiction will be examined. Finally, our (...) understanding of unreliable narrators and unreliable narration in fiction needs to accommodate stories that, on the face of it, cannot possibly be true. (shrink)

Explores the intersection between the philosophy of Simone Weil from Paris, France, and the fiction of Flannery O'Connor from the Southern state of Georgia, USA.

Abstract Some fictions, it seems, represent the future as closed, in the sense that some future-tensed propositions are true in those fictions. Yet it is surprisingly difficult to accommodate this plausible thesis within an account of truth in fiction. A number of putative examples of closed fictional futures are discussed (Macbeth, Oedipus, Time and the Conways, The Time Machine) and the problems encountered in reconciling them with various accounts of truth in fiction (David Lewis', Gregory Currie's, Alex Byrne's) (...) elaborated. Connections are drawn between metaphysical views on time and theories of fiction, and an attempt is made to show how the tenseless theory of time (roughly, the denial that time flows) can illuminate accounts of fictional truth, and in particular the issue of how there can be true beliefs about what will happen in a fiction. (shrink)

A fictional text is commonly viewed as constituting an invitation to play a certain game of make-believe, with the individual sentences written by the author providing the propositions we are to imagine and/or accept as true within the fiction. However, we can’t always take the text at face value. What narratologists call ‘unreliable narrators’ may present a confused or misleading picture of the fictional world. Meanwhile there has been a debate in philosophy about so-called ‘imaginative resistance’ in which we (...) are inclined to resist imagining (or even accepting as true in the fiction) what’s explicitly stated in the text. But if we can’t take the text’s word for it, how do we determine what’s true in a fiction? We propose an account of fiction interpretation in a dynamic setting (a version of DRT with a mechanism for opening, updating, and closing temporary ‘workspaces’) and combine this framework with belief revision logic. With these tools in hand we turn to modelling imaginative resistance and unreliable narrators. (shrink)

Can fictions make genuine assertions about the actual world? Proponents of the ‘Assertion View’ answer the question affirmatively: they hold that authors can assert, by means of explicit statements that are part of the work of fiction, that something is actually the case in the real world. The ‘Nonassertion’ View firmly denies this possibility. In this paper, I defend a nuanced version of the Nonassertion View. I argue that even if fictions cannot assert, they can indirectly communicate that what (...) is recounted as fictional is actually true. I show that this view is supported by independent linguistic data, and that it is able to defuse the objections that are typically raised against the Nonassertion View. I conclude by showing that this position has some interesting implications for testimonial cognitivism about fiction. (shrink)

Fictional Discourse: A Radical Fictionalist Semantics combines the insight of linguistic and philosophical semantics with the study of fictional language. Its central idea is familiar to anyone exposed to the ways of narrative fiction, namely the notion of a fictional teller. Starting with premises having to do with fictional names such as 'Holmes' or 'Emma', Stefano Predelli develops Radical Fictionalism, a theory that is subsequently applied to central themes in the analysis of fiction. Among other things, he discusses (...) the distinction between storyworlds and narrative peripheries, the relationships between homodiegetic and heterodiegetic narrative, narrative time, unreliability, and closure. The final chapters extend Radical Fictionalism to critical discourse, as Predelli introduces the ideas of critical and biased retelling, and pauses on the relationships between Radical Fictionalism and talk about literary characters. (shrink)

My goal is to reflect on the phenomenon of inadvertent creation and argue that—various objections to the contrary—it doesn’t undermine the view that fictional characters are abstract artifacts. My starting point is a recent challenge by Jeffrey Goodman that is originally posed for those who hold that fictional characters and mythical objects alike are abstract artifacts. The challenge: if we think that astronomers like Le Verrier, in mistakenly hypothesizing the planet Vulcan, inadvertently created an abstract artifact, then the “inadvertent creation” (...) element turns out to be inescapable yet theoretically unattractive. Based on considerations about actually existing concrete objects featured in fictional works (as Napoleon is in Tolstoy’s War and Peace), I argue that independently of one’s stand on mythical objects, admitting fictional characters as abstract artifacts is enough to give rise to the challenge at hand; yet this very point serves to undermine the challenge, indicating that inadvertent creation is not nearly as worrisome as Goodman suggests. Indeed, the inadvertent creation phenomenon’s generality extends far beyond objects of fiction and myth, and I will use this observation to counter a further objection. Taking fictional characters (and mythical objects) to be abstract artifacts therefore remains a viable option. (shrink)

If there are no fictional characters, how do we explain thought and discourse apparently about them? If there are, what are they like? A growing number of philosophers claim that fictional characters are abstract objects akin to novels or plots. They argue that postulating characters provides the most straightforward explanation of our literary practices as well as a uniform account of discourse and thought about fiction. Anti-realists counter that postulation is neither necessary nor straightforward, and that the invocation of (...) pretense provides a better account of the same phenomena. I outline and assess these competing theories. (shrink)