ABSTRACTIn this study, I examine the Confucian influence upon An Inquiry into the Good, the first publication of Nishida Kitarō. Nishida’s student Kōsaka Masaaki depicts his mentor’s conception of the good in terms of realising the 'Mandate of Heaven'. Taking this to be indicative of the importance of Confucianism for Nishida’s early thought, I compare his philosophy of pure experience and ethical project of ‘self-realisation’ with corresponding ideas found in the Confucian corpus. I especially focus on the Great Learning and (...) Doctrine of the Mean as interpreted by the Neo-Confucian Wang Yang-Ming. This study builds upon the pioneering work of Michel Dalissier, Dermott Walsh and David Williams on the Kyoto School and Confucianism. My portrayal of Confucianism is indebted to the ‘philosophical’ translations of Roger Ames, David Hall and Henry Rosemont, Jr., which bring into relief the tradition’s ‘relational ontology’ that Graham Parkes teaches is shared by the Kyoto School. (shrink)

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)

We examine the relationship between the logics of nonsense of Bochvar and Halldén and the containment logics in the neighborhood of William Parry’s A I. We detail two strategies for manufacturing containment logics from nonsense logics—taking either connexive and paraconsistent fragments of such systems—and show how systems determined by these techniques have appeared as Frederick Johnson’s R C and Carlos Oller’s A L. In particular, we prove that Johnson’s system is precisely the intersection of Bochvar’s B 3 and (...) class='Hi'>Graham Priest’s non-symmetrized connexive logic and that Oller’s system lies just beneath the intersection of B 3 and Priest’s paraconsistent L P. We conclude by examining Oller’s system in more depth, giving it a characterization in terms of L P and showing that it plays the same role to Harry Deutsch’s paraconsistent containment logic S that Aleksandr Zinov'ev’s S 1 plays with respect to A I. (shrink)

One of the first envatted brains, the most cyborgian element of J. D. Bernal’s 1929 futuristic manifesto, The world, the flesh and the the devil, proposed a technological solution to the dreary certainty of mortality. In Bernal’s scenario the brain is maintained in an ‘out of body’ but ‘like-body’ environment—in a bath of cerebral–spinal fluid held at constant body temperature. In reality, acquiring prospective immortality requires access to very different technologies—those that allow human organs and tissues to be preserved in (...) a quite ‘inhuman’ life-world—the cryogenic storage chamber. Like Bernal, today’s cryonicists consider that immortality can be secured through preservation of the brain alone. In this article I trace attempts to preserve or suspend life, and especially brain function, through the application of new ‘technologies of immortality’. Drawing together historical information on the development of refrigeration, cryopreservation, transplantation, and nanotechnologies, I explore the uneasy relationship between cryonics and the technology on which it depends for its success—cryogenics. In so doing, I argue that the ability to successfully realize the science fiction fantasy of human immortality will rest on a moral and scientific parasitism: the capacity to use the biotechnological artifacts or proxies—cryogenically preserved brains, archived brains, tissues, and immortalized cell lines—derived from the dead, in order to prolong life. (shrink)

The concept of simultaneity, and the associated problems of synchronization of moving clocks and establishment of a universal time scale, were given little or no attention prior to the twentieth century. In 1905, however, Einstein analyzed the concept of simultaneity on the basis of two principal postulates: Absolute velocity is meaningless,The velocity of light in a vacuum is the same for all unaccelerated observers.

This revised and considerably expanded 2nd edition brings together a wide range of topics, including modal, tense, conditional, intuitionist, many-valued, paraconsistent, relevant, and fuzzy logics. Part 1, on propositional logic, is the old Introduction, but contains much new material. Part 2 is entirely new, and covers quantification and identity for all the logics in Part 1. The material is unified by the underlying theme of world semantics. All of the topics are explained clearly using devices such as tableau proofs, and (...) their relation to current philosophical issues and debates are discussed. Students with a basic understanding of classical logic will find this book an invaluable introduction to an area that has become of central importance in both logic and philosophy. It will also interest people working in mathematics and computer science who wish to know about the area. (shrink)

We will investigate the relation between the notion of the craft of ruling in the "Euthydemus" and in the "Republic". In the "Euthydemus", Socrates' search for an account of wisdom leads to his identifying it as the craft of ruling in the city. In the "Republic", the craft of ruling in the city is the virtue of wisdom in the city and the analogue of wisdom in the soul. Still, the craft of ruling leads to aporia in the former dialogue (...) while in the latter it is a central feature of Socrates' account of justice -- both in the city and in the soul. Some commentators hold that the aporia at the end of the second protreptic interlude of the "Euthydemus" shows that Socrates' account of wisdom is fatally flawed and must be rejected. However, the difficulty for this position is that the craft of ruling from the "Euthydemus" is a hardy notion that plays an extremely important role in the "Republic". Indeed, reflecting this fact, other commentators hold that the aporia is solved in the "Republic". Still, what is so far missing is an analysis that clearly shows the way to this solution in the "Republic". In what follows, we will analyze the two protreptic inter-ludes in the "Euthydemus" in order to see how the aporia arises. As we shall see, Socrates presents the aporia as a labyrinth. Indeed, it is a labyrinth with a little noticed step that -- once it is noticed -- shows the way out. The result will be that the aporia of the "Euthydemus" points to a solution in which ruling in the soul implies a command of one's appetites and emotions. (shrink)

Based on Michel Foucault's 1978 and 1979 lectures at the Collège de France on governmental rationalities and his 1977 interview regarding his work on imprisonment, this volume is the long-awaited sequel to Power/Knowledge.

c.4,000 word critical discussion of Fabre's book. Provides an overview of the book plus comments on the themes of (i) loyalty and treason and (ii) the ethics of spying and sex.

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

Of the many cosmological models developed during the past forty years, none is completely satisfactory; so work continues in the development of new models and in the checking of their predictions against the growing mass of experimental evidence. The validity of a model rests on its agreement with experimental data, particularly the data on distribution of galaxies and on redshifts.

Logic is often perceived as having little to do with the rest of philosophy, and even less to do with real life. In this lively and accessible introduction, Graham Priest shows how wrong this conception is. He explores the philosophical roots of the subject, explaining how modern formal logic deals with issues ranging from the existence of God and the reality of time to paradoxes of probability and decision theory. Along the way, the basics of formal logic are explained (...) in simple, non-technical terms, showing that logic is a powerful and exciting part of modern philosophy. (shrink)

Recession of the galaxies indicates a repulsive force and suggests that Newton's formulation of gravitation is not complete. A possible modification is proposed, and this Neo-Newtonian equation allows a quantitative treatment of Mach's principle. It also limits the velocity of matter to c and gives a correct prediction for the perihelion of Mercury.

This two-part volume collects the complete fragments and most important testimonies for the leading presocratic philosophers. The Greek and Latin texts are translated on facing pages and accompanied by a brief commentary for each philosopher.

This paper develops an inventory and conceptual map of espoused organizational values. We suggest that espoused values are fundamentally different to other value forms as they are collective value statements that need to coexist as a basis for organizational activity and performance. The inventory is built from an analysis of 3112 value items espoused by 554 organizations in the UK and USA in both profit and not-for-profit sectors. We distil these value items into 85 espoused value labels, and these are (...) assessed in terms of their similarity and difference through judgements made by 53 experienced individuals. The resulting conceptual map facilitates the evaluation of values which are espoused at the organizational level, as opposed to aggregations of personal values, an important distinction that is often ignored in the literature. This analysis identifies a number of distinct areas of emphasis occupied by espoused values. In particular, the richness of value labels that relates to broader ethical issues may be aimed at external stakeholder management, but also may have an increasing influence on organizational behaviour as they are embedded into organizational practices. By advancing our understanding of espoused values, through an analysis of those being used in practice, we provide a means by which future research into organizational values and ethical issues can progress. (shrink)

We are far too willing to reject the belief that much of what we see in life is random.Uncertainty is an everyday experience in medical research and practice, but theory and methods for reasoning clearly about uncertainty were developed only recently. Confirmation bias, selective memory, and many misleading heuristics are known enemies of the insightful clinician, researcher, or citizen, but other snares worth exposing may lurk in how we reason about uncertainty in our everyday lives. Here we draw attention to (...) a cognitive bias that is little known—or possibly unknown—to those outside the field of probability pedagogy. Described by Konold as the... (shrink)

This is a book symposium on Kevin Krein’s Philosophy and Nature Sports. Gunnar Breivik, Jim Parry and Irena Martínková, and Rebekah Humphreys provide critical commentary on the text. The critical comments are followed by a response from Krein. The discussion covers a broad range of topics. These include the definition of “sport,” comparisons between nature sports and friluftsliv, the role of risk in nature sports, the experience of flow and the sublime in nature sports, and the understanding of nature. (...) Krein argues, as he does in the book and elsewhere, that nature sports provide a framework that facilitates intimate and meaningful interactions with nature. He argues further that the discussion included here shows how deeply our understanding of nature, and our understanding of nature sports, influence both our experiences within those sports and our broader experience of the world. (shrink)

Most phobias are focussed on a small number of fear-inducing stimuli (e.g., snakes, spiders). A review of the evidence supporting biological and cognitive explanations of this uneven distribution of phobias suggests that the readiness with which such stimuli become associated with aversive outcomes arises from biases in the processing of information about threatening stimuli rather than from phylogenetically based associative predispositions or “biological preparedness.” This cognitive bias, consisting of a heightened expectation of aversive outcomes following fear-relevant stimuli, generates and maintains (...) robust learned associations between them. Some of the features of such stimuli which determine this expectancy bias are estimates of how dangerous they are, the semiotic similarity between them and their aversive outcomes, and the degree of prior fear they elicit. Ontogenetic and cultural factors influence these features of fear-relevant stimuli and are hence important in determining expectancy bias. The available evidence does not exclude the possibility that both expectancy biases and specific evolved predispositions coexist, but the former can explain a number of important findings that the latter cannot. (shrink)

This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major writers of (...) the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance. (shrink)

One of the fundamental issues in 20th century philosophy is of the nature of individual subjective experience. I seek to show how this “nature” is revealed and hidden by a historical process outlined in History of Madness by Michel Foucault. Foucault’s philosophical and anthropological engagement with the experience of madness in The Modern Age functions as a useful tool towards this end. The psychologisation and medicalization of madness in the 19th century allowed for an endless discourse on madness. This in (...) turn permitted the language of the mad to burst open from its silence, historically present since the Great Confinement. This language of madness expressed itself poetically and artistically, thus revealing the paradoxical essence of the nature of human subjectivity as well as the particularity of its expression in the Modern Period. This particularity is elucidated from a genealogical account of the births of subjectivity and objectivity. I proceed to use this genealogy in conjunction with the language of madness to posit a prescriptive theory for aesthetic engagement. The essay seeks to show how the aesthetic experience can aid in the affirmation of the individual’s modern subjective reality. Thusly, the “goal” of the essay is to reveal affirmation, i.e., amor fati, the love of fate. (shrink)

This _Companion_ provides an authoritative survey of the whole range of Kant’s work, giving readers an idea of its immense scope, its extraordinary achievement, and its continuing ability to generate philosophical interest. Written by an international cast of scholars Covers all the major works of the critical philosophy, as well as the pre-critical works Subjects covered range from mathematics and philosophy of science, through epistemology and metaphysics, to moral and political philosophy.