This article presents a description of the procedures used by behavioral psychologists to intervene with behavioral excesses and deficits in educational and clinical settings. Its focus is to provide a fundamental overview of these services for the educator and direct care staff. The discussion covers the topics of functional analysis, behavioral assessment, the Stimulus-Organismic-Response-Consequence model (SORC), positive and negative reinforcement, and treatment acceptability. The importance of the educator and direct care staff member’s participation in the development of implementation of behavioral (...) interventions is emphasized. (shrink)

There is a biological controversy of long standing between proponents of the Wilsonian view that all organisms of a certain class have at least one part that is a cell and proponents of the contradictory, or Dobellian, view that some organisms in the same class have no parts that are cells. The controversy is considered from the standpoint of the methodology of explication. It is concluded that on the grounds of prevalent biological usage, precision, utility and generality the Wilsonian view (...) may be defended successfully against attacks that have been made upon it. (shrink)

This book explains, in lay terms, the surprisingly simple system of mathematical logic used in digital computer circuitry. Anecdotal in its style and often funny, it follows the development of this logic system from its origins in Victorian England to its rediscovery in this century as the foundation of all modern computing machinery. ONES AND ZEROS will be enjoyed by anyone who has a general interest in science and technology.

"We think that grass is green, that stones are hard, and that snow is cold. But physics assures us that the greenness of grass, the hardness of stones, and the coldness of snow, are not the greenness, hardness, and coldness that we know in our own experience, but something very different. The observer, when he seems to himself to be observing a stone, is really, if physics is to be believed, observing the effects of the stone upon himself.".

As we encounter things in the world around us, when do we judge something to be just a heap or aggregate of smaller things, like a pile of sand, and when do we judge it to be a true, unified, single thing? It depends, almost always, on how you look at it. I have argued that when we look at the world in strict reductionist terms, nothing above the sub-atomic level really counts as a holistic thing. Are there any things (...) above the micro level that really are inherent, single things in a way that does not depend on how you look at them? Do we have any reason to believe that there are, in contrast to the reductionist view, inherently unitary mid-level things in the universe? (shrink)

Roger Penrose, in _The Emperor's New Mind_ (1989), writes about the way Mozart perceived music. Mozart did not play a piece in his mind in real time, or even speeded up, but could hold it before him all at once. We all do this, although usually for much shorter riffs than entire symphonies. I have argued that the all-at-onceness of our thoughts and perceptions is at least as inexplicable as what it is like to see red; I think the aural/temporal (...) all-at-onceness makes the point at least as vividly as the visual/spatial all-at-onceness of the curl of smoke in an art nouveau poster. (shrink)

One of the most certain truths in the world is Descartes' "I think, therefore I am". Descartes was so certain of the existence of some kind of essential _self_ that others have coined the term "Cartesian theater" to describe the sense that we all have of being the audience enjoying the rich play of our experiences. We tend to believe in an enduring self, independent of our individual percepts. Sometimes this virtual "self" in our mind, sitting in the audience of (...) the Cartesian theater who watches our thoughts is referred to as a homunculus. This is not necessarily to imply that most of us believe that the self or homunculus is an identifiable region of the brain like the pineal gland, just that at some level of organization, we assume that there is a self that is separate from the stuff that self experiences, remembers, thinks about, etc. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

The Meaning Circuit Hypothesis (MCH) is a synthesis of ideas providing John Wheeler’s outline of ultimate physics, which he fine-tuned over several decades from the 1970s onward. It is a ‘working hypothesis’ in which ‘existence is a ‘meaning circuit”’ that portrays the world as a “system self-synthesized by quantum networking.” It was strongly advocated by him for roughly two decades and since then has had an increasingly strong impact on the approach of many investigators of quantum theory; in particular, elements (...) such as the quantum participator and ‘it from bit’ are now considered by others as candidate components of a foundation for quantum theory in which information is involved essentially. Therefore, it is worthy of review and critique. (shrink)

This book explores the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility play in our (...) lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. This edited collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications. It includes original contributions by Derk Pereboom, Galen Strawson, Ted Honderich, Bruce Waller, Neil Levy, Saul Smilansky, Thomas Nadelhoffer and Daniela Goya Tocchetto, Benjamin Vilhauer, Susan Blackmore, Manuel Vargas, Shaun Nichols, John-Dylan Haynes and Michael Pauen, Thomas Clark, Mark Hallett, Susan Pockett, and Maureen Sie. (shrink)

John Martin Fischer has recently critiqued the skeptical view that no one is ever morally responsible for their actions in the basic desert sense and has defended a view he calls semiretributivism. This paper responds to Fischer’s concerns about the skeptical perspective, especially those regarding victims’ rights, and further explains why we should reject his semiretributivism. After briefly summarizing the Pereboom/Caruso view and Fischer’s objections to it, the paper argues that Fischer’s defense of basic desert moral responsibility is too weak (...) to justify the kind of retributive blame and punishment he wishes to preserve. It then turns to the issue of victims’ rights and argues that Fischer is mistaken that victims want retribution above all else, and that the public health-quarantine model is better able to deal with the concerns of victims. It concludes by offering two additional objections to Fischer’s semiretributivism. (shrink)

The ontology of Local Quantum Physics, Rudolf Haag’s framework for relativistic quantum theory, is reviewed and discussed. It is one of spatiotemporally localized events and unlocalized causal intermediaries, including the elementary particles, which come progressively into existence in accordance with a fundamental arrow of time. Haag’s conception of quantum theory is distinguished from others in which events are also central, especially those of Niels Bohr and John Wheeler, with which it has been compared.

The proposition that there is a purely causal explanation of subjective states of human consciousness is a philosophical one. The affirmation of such a proposition must be a premise to research. And the justification for such a premise will be found in part in the fundamental ontological assumptions of the researcher. By examining the assumptions of Rene Descartes, at the beginning of the scientific age, I hope to show a similar set of assumptions behind the thought of two recent contributors (...) to the debate, John Searle and Gerald Edelman. I will conclude that a crucial question is begged by all three. (shrink)

Gregg Lambert examines two facets of the return to religion in the 21st century: the resurgence of overtly religious themes in contemporary philosophy and the global 'post-secular' turn that has been taking place since 9/11. He asks how these two 'returns to religion' can be taking place simultaneously, and explores the relationship between them. Lambert reflects on statements of these returns from contemporary philosophers including Alain Badiou, John D. Caputo, Jacques Derrida and Jean-Luc Nancy. He discovers a unique - (...) and forboding - sense of the term 'religion' that belongs exclusively to our contemporary perspective. (shrink)

This book presents a collection of novel contributions and reviews by renowned researchers in the foundations of quantum physics, quantum optics, and neutron physics. It is published in honor of Michael Horne, whose exceptionally clear and groundbreaking work in the foundations of quantum mechanics and interferometry, both of photons and of neutrons, has provided penetrating insight into the implications of modern physics for our understanding of the physical world. He is perhaps best known for the Clauser-Horne-Shimony-Holt (CHSH) inequality. This collection (...) includes an oral history of Michael Horne's contributions to the foundations of physics and his connections to other eminent figures in the history of the subject, among them Clifford Shull and Abner Shimony. Among the editors and contributors are John Clauser and Anton Zeilinger, recipients of the Nobel Prize in Physics 2022. (shrink)

This book features a unique collection of dialogues with fourteen notable scholars on their opinions and observations about John Dewey, a renowned educational philosopher of the twentieth century. The book explores varying views about John Dewey, his philosophy, and his educational theory. In revealing positive, sometimes negative, occasionally surprising, and consistently insightful viewpoints, the author seeks to enable the reader to reflect on the primary question: does John Dewey’s consequential educational philosophy have an important role in twenty-first century education and (...) in nurturing and sustaining democratic ideals? (shrink)

This essay examines mimetic pictures and the forms of subjectivity encoded in them. Mimetic pictures are representations which are unique in looking like the objects or events they depict. However, the objects or events typically have properties which are incompatible with those of the picture considered as a material artifact. Thus, if a mimetic picture looks like what it depicts, it does not look like what, considered as an artifact, it is. Since seeing a mimetic picture as a picture is (...) seeing what it looks like, it seems to follow that seeing a mimetic picture entails not seeing its material properties. But this is a paradox: it suggests that looking at mimetic pictures means not seeing what is being looked at. My aim is to resolve this paradox. ;This goal is pursued by exploring the forms of subjectivity historically attributed to the spectator of mimetic pictures. Three theorists are examined: Leon Battista Alberti, John Locke, and E. H. Gombrich. While their positions are tied to the forms of pictorial practice central to their respective historical contexts, they share a common attitude toward the paradox of pictoriality: they explain mimetic appearance as an illusion produced in the seeing subject by the picture. This commonality suggests a consistent attitude toward pictorial appearance from the Renaissance to the present; I analyze this attitude, arguing that the concept of illusion, rather than helping us grasp the forms of subjectivity encoded in pictures, obscures it. ;The essay concludes by proposing that cultures of mimesis produce a complex visual activity of recognition and disavowal which I call "fascination". I defend the thesis that mimetic pictures do not induce illusions but are displays in which the social dynamic of illusion is witnessed. This thesis is combined with Lacan's theory of the gaze to redefine mimetic pictures as theatrical entities exhibiting the social interaction of desire and visual appearance. As theatrical, pictures elicit a mode of reflective subjectivity rather than deceiving a pre-reflective spectator. This thesis resolves the paradox of mimetic pictures by analyzing their apparent possession of incompatible properties as a sign that pictures are artifacts in which the social and relational nature of appearance itself can be seen. (shrink)

The proposition that there is a purely causal explanation of subjective states of human consciousness is a philosophical one. The affirmation of such a proposition must be a premise to research. And the justification for such a premise will be found in part in the fundamental ontological assumptions of the researcher. By examining the assumptions of Rene Descartes, at the beginning of the scientific age, I hope to show a similar set of assumptions behind the thought of two recent contributors (...) to the debate, John Searle and Gerald Edelman. I will conclude that a crucial question is begged by all three. (shrink)

John Greene has dismissed the evolutionary ethics of Simpson as a case in which science was “only a tool, a weapon, in defense of positions that were essentially religious and philosophical.”57 This position adopts an amorphous view of science, in which a scientific theory can be construed to support practically any rhetorical position. The relationship between theory and rhetoric, however, is more complex; it is interactive, with the theory and the rhetoric influencing and supporting one another. It is no coincidence (...) that Allee, Emerson, and Simpson all arrived at a biological basis of democracy and a naturalistic ethics during a period when the future of world politics and man's own morality were in question. Allee's commitment to world peace certainly antedated his theory of sociality, just as Simpson's commitment to democracy undoubtedly preceded his evolutionary views.By adopting a particular theory, however, the biologist necessarily imposes constraints on the corresponding rhetoric. Allee and Emerson could not, for example, have stressed the importance of the individual in democracy, given the orientation and framework of their biological research. There were differences among the social philosophies of Allee, Emerson, and Simpson; these differences depended, in part, on the specific evolutionary metaphors to which they subscribed. Allee's ideas with respect to cooperation were distinct from Emerson's, and both men differed strongly from Simpson on the role of the individual in evolution. The Chicago school was united by a conceptual framework that emphasized the population as the unit of selection, and the importance of cooperation in nature. But cooperation could play many roles: as a unifying principle for a theory of sociality, as an integrating mechanism in physiological functionalism, and as a biological source of hope for a society in the grips of a world war. (shrink)

Jacques Rueff was a leading twentieth-century French classical liberal. Actively involved in academic life, a prominent monetary theorist, and one of the first international critics of John Maynard Keynes, Rueff played a central role in French public life and economic policy as a civil servant before World War II. A prolific author, most notably of his influential L’Ordre social (1945), Rueff was a major contributor to postwar conservative liberalism, the architect of Charles de Gaulle's economic stablization program of 1958, and (...) the world’s foremost defender of the classic gold standard. (shrink)

Based on an unfinished manuscript by the late philosopher Dallas Willard, this book makes the case that the 20th century saw a massive shift in Western beliefs and attitudes concerning the possibility of moral knowledge, such that knowledge of the moral life and of its conduct is no longer routinely available from the social institutions long thought to be responsible for it. In this sense, moral knowledge--as a publicly available resource for living--has disappeared. Via a detailed survey of main developments (...) in ethical theory from the late 19th through the late 20th centuries, Willard explains philosophy's role in this shift. In pointing out the shortcomings of these developments, he shows that the shift was not the result of rational argument or discovery, but largely of arational social forces--in other words, there was no good reason for moral knowledge to have disappeared. The Disappearance of Moral Knowledge is a unique contribution to the literature on the history of ethics and social morality. Its review of historical work on moral knowledge covers a wide range of thinkers including T.H Green, G.E Moore, Charles L. Stevenson, John Rawls, and Alasdair MacIntyre. But, most importantly, it concludes with a novel proposal for how we might reclaim moral knowledge that is inspired by the phenomenological approach of Knud Logstrup and Emmanuel Levinas. Edited and eventually completed by three of Willard's former graduate students, this book marks the culmination of Willard's project to find a secure basis in knowledge for the moral life. (shrink)

Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the (...) opportunity for rehabilitation. Waller does not explicitly endorse the quarantine model, but his view is similar in significant respects. I argue that such views can too easily lead to the endorsement of legal policies which would result in more frequent punishment of innocent persons for crimes they have not committed. Thus, we should have deep moral reservations about such views. (shrink)

Moral responsibility skepticism has traditionally been dismissed as a nonstarter, but because of the important work of Derk Pereboom, Gregg Caruso, and others, it has become increasingly influential. I lay out this doctrine, and I subject it to critical scrutiny. I argue that the metaphysical arguments about free will do not yield the result that we do not deserve (in a “basic” sense) the attitudes and actions definitive of moral responsibility. Further, I argue that skepticism leaves out crucial components (...) of our considered views about moral responsibility, making it seriously problematic. (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)

Over a shared cup of chai, church leaders imaginatively sit with Professor Gifford to talk about his latest book, where he indicts the churches in Kenya with a ‘domesticated’ form of Christianity. In what otherwise would be a highly polemical encounter, theological hospitality brings the two parties together for constructive dialogue. Theological and sociological perspectives move together to offer nuanced interpretation into the diversity of Christianity in the country, with attention to how the various churches can draw upon their ecclesiastical (...) resources to better stand against the forces that precipitate socio-political abuse, and thus function as agents of life. (shrink)

Between Deleuze and Derrida is the first book to explore and compare the work of Gilles Deleuze and Jacques Derrida, two leading philosophers of French post-structuralism. This is done via a number of key themes, including the philosophy of difference, language, memory, time, event, and love, as well as relating these themes to their respective approaches to Philosophy, Literature, Politics and Mathematics. Contributors: Eric Alliez, Branka Arsic, Gregg Lambert, Leonard Lawlor, Alphonso Lingis, Tamsin Lorraine, Jeff Nealon, Paul Patton, Arkady (...) Plotnitsky, John Protevi, Daniel W. Smith. (shrink)

John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.

The identity of indiscernibles is false. Robert Adams and others have argued that if the identity of indiscernibles is false, then primitive thisness must be admitted as a fundamental feature of the world (i.e. haecceitism is true). Moreover, it has been suggested that if haecceitism is true, then essentialism is false - that accounting for individuation by means of haecceities precludes a thing's having essential qualitative properties. I will argue that this suggestion is misguided. In so doing, I will be (...) defending what Adams has labeled 'moderate haecceitism'.After working through some preliminary issues, I will attempt (in section I) to motivate haecceitism. I will begin by reviewing Adams' arguments against the doctrine of the identity of indiscernibles. Next, I will examine altemative accounts of individuation which concede the falsity of that doctrine. I will reject these accounts and conclude that primitive thisness has an essential role to play in any satisfying account of individuation. In section II, I will surface the alleged tension between haecceitism and essentialism. In section III, I will suggest that Adams' moderate haecceitism avoids the tension surfaced in section II. Finally, in section IV, I will raise a difficulty for Adams' view and suggest a different understanding of the nature of haecceities. I will argue that the alleged tension between haecceitism and essentialism rests on a conflation of the metaphysical problem of individuation either with the epistemological problem which goes by the same name or with problems involving the unity of a thing. I will conclude with a few brief comments about the significance of moderate haecceitism for modal epistemology. (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)

Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

This book completes A. John Simmons's exploration and development of Lockean moral and political philosophy, a project begun in The Lockean Theory of Rights. Here Simmons discusses the Lockean view of the nature of, grounds for, and limits on political relations between persons. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books (...) while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian arguments (...) (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

Anarchist political philosophers normally include in their theories (or implicitly rely upon) a vision of a social life very different than the life experienced by most persons today. Theirs is a vision of autonomous, noncoercive, productive interaction among equals, liberated from and without need for distinctively political institutions, such as formal legal systems or governments or the state. This "positive" part of anarchist theories, this vision of the good social life, will be discussed only indirectly in this essay. Rather, I (...) want to focus here on the "negative" side of anarchism, on its general critique of the state or its more limited critique of the specific kinds of political arrangements within which most residents of modern political societies live. Even more specifically, I will center my discussion on one particular version of this anarchist critique - the version that is part of the theory now commonly referred to as "philosophical anarchism". Philosophical anarchism has been much discussed by political philosophers in recent years. But it has not, I think, been very carefully defined or adequately understood. My object here will be to clear the ground for a fair evaluation of philosophical anarchism, by offering a more systematic account of the nature of the theory and of possible variants of the theory, and by responding to the most frequent objections to the theory. I hope by this effort to present philosophical anarchism as a more attractive, or at least a less obviously flawed, political philosophy. (shrink)