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)

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)

The most important distinctively American contribution to philosophy is the pragmatist tradition. In this short, lucid, and completely convincing exposition, Professor John P. Murphy begins by exploring the roots of this tradition as found in the work of Peirce, James, and Dewey, demonstrating its power and originality. Historians of philosophy will appreciate the insight Murphy brings to these figures, but the special value of this book lies in his discussion of how the pragmatist spirit has flowered in contemporary philosophy (...) in the work of Quine, Rorty, and Davidson.Throughout, Murphy emphasizes the logic and structure of the views held by these six philosophers and what it is they have in common that makes their work especially “pragmatist.” There is no better introduction to this historical tradition and perhaps no better way into the philosophies of the contemporaries whom Murphy discusses.Interest in pragmatist ideas is undergoing a revival at present, and this book shows us why. It will be of interest to both historians of philosophy and students of contemporary philosophy. (shrink)

It has sometimes been claimed (usually without evidence) that the harm caused by an individual's participation in a greenhouse-gas-intensive economy is negligible. Using data from several contemporary sources, this paper attempts to estimate the harm done by an average American. This estimate is crude, and further refinements are surely needed. But the upshot is that the average American is responsible, through his/her greenhouse gas emissions, for the suffering and/or deaths of one or two future people.

Thought experiments in science are merely picturesque argumentation. I support this view in various ways, including the claim that it follows from the fact that thought experiments can err but can still be used reliably. The view is defended against alternatives proposed by my cosymposiasts.

In this 2nd edition, John Gray adds an extensive postscript which defends the interpretation of Mill set out in the first edition, but develops radical criticisms of the substance of Millian and other liberalism.

Thought experiments in science are merely picturesque argumentation. I support this view in various ways, including the claim that it follows from the fact that thought experiments can err but can still be used reliably. The view is defended against alternatives proposed by my cosymposiasts.

"From the 1930 Reiser edition of the Ars logica, itself comprising the first two parts of the five part Cursus philosophicus of 1631-1635, by the same author.".

This essay criticizes John Norton's 2010 defense of the thesis that “all induction is local.” Norton's local inductions are bound, if cogent, to involve general principles, and the need to accredit these general principles threatens to lead to all the usual problems associated with the ‘problem of induction’. Norton, in fact, recognizes this threat, but his responses are inadequate. The right response involves not induction but a sophisticated version of hypothetico-deduction. Norton's secondary thesis—that if there is a general account (...) of cogent scientific reasoning, then it is certainly not the one supported by personalist Bayesians—is also criticized. (shrink)

That quantum mechanical measurement processes are indeterministic is widely known. The time evolution governed by the differential Schrödinger equation can also be indeterministic under the extreme conditions of a quantum supertask, the quantum analogue of a classical supertask. Determinism can be restored by requiring normalizability of the supertask state vector, but it must be imposed as an additional constraint on the differential Schrödinger equation.

Despite the title, I do not intend to launch another expedition into the domain of epistemology. I wish instead to call attention to some problems which have arisen for philosophical theologians and philosophers of religion, as a result of two facts about the development of modern philosophy and its bearing on the analysis and interpretation of religious insight. Following these considerations, I shall propose in brief compass a programme for the future which I believe will prove fruitful for the philosophical (...) treatment of religious concerns. (shrink)

The proposed justification avoids problems that invalidate the familiar entitlement, utility, and interest-based justifications; interprets private property as necessary for controlling resources we need for our well-being; recognizes that the possession, uses, and limits of private property must be justified differently; and combines the defensible portions of the familiar but unsuccessful attempts at justification with a more complex account that combines the defensible portions of previous justificatory attempts with a new pluralistic approach that treats the right to private property as (...) a conventional, defeasible, but indispensable right. (shrink)

Deeply moved by his experiences in the trenches of the First World War, the Scottish philospher John Macmurray came to challenge the conventions inherited from European traditions of thought and mounted an assault on impersonal philosophies that failed to address needs and emotional reality.

In lieu of an abstract, here is a brief excerpt of the content:The Concept of Experience in Locke and Hume JOHN W. YOLTON THE EMPIRICISTPROGRAM has been designed to show that all conscious experience "comes from" unconscious encounters with the environment, and that all intellectual contents (concepts, ideas) derive from some conscious experiential component. Some empiricists, but not all, have also argued that experience reports about the world. A strict empiricism would have to reject this latter claim, as Hume (...) did, although even to consider the possibility of knowledge being related to an external world is to operate on a reflective level, to seek to make sense of experience. The distinction between an account of the nature of experience--its structure, relations, and contents-and explanations of experience--its causal antecedents, its reference--is an important one. The phrase "the concept of experience" refers to the use made of some account of experience. The concept of experience need not be restricted to the experiential contents. Thus, Locke sought to show how experience is of the world, Hume tried to show how experience restricts our valid conceptual contents to certain sorts of ideas, eliminating others. Any account of experience will already be a conceptualization of experience: it must be made from the reflective level. But the account need be no more than a careful record of how the organism comes to the conscious level. Of course, such an account cannot be a straightforward description, since we cannot directly observe all of the processes operating in the production of awareness. The psychology of awareness is forced to extrapolate and conjecture. Nevertheless, we can still distinguish the psychological or descriptive account of experience from the metaphysical use made of that account. It is my purpose here to explore the accounts given and the uses made of experience by two representative empiricists, that is, by philosophers whom we look upon as advancing the empiricist metaphysic of experience. Locke's Derivation o[ Ideas From Experience Locke claimed that all mental contents come from two sources, sensory experience of the world and introspective awareness of our mental processes. The program of Book II of his Essay was to exemplify, by reference to a [53] 54 HISTORY OF PHILOSOPHY number of different ideas and concepts, this derivation of our mental contents. The counter claim for Locke was innatism, the view held by many of his contemporaries and refuted in the first book of his Essay. In order to appreciate what Locke's alternative to innatism was, we must try to discover what the program of derivation of ideas amounts to in his epistemology and what precisely he understood by the term "experience." We must first note that he offers the program of derivation in conjunction with a complex theory of mental operations. H. H. Price has remarked that it is "historically false that the empiricist thought the human mind passive. It would be more just to criticize them for making it more active than it can possibly be.''1 Mental processes play a most active and decisive role in the genesis of all ideas in Locke's account. In the case of simple ideas of sense even, the mind must be attentive to what the senses report, else that report will go unrecorded, or be recorded only at the neural level (II, I, #6, #8, and II, IX, #3). Locke frequently draws the distinction between mental contents or processes and physical processes. In the "Epistle to the Reader," where he defines "idea," he is careful to distinguish idea from the sound we "use as a sign of it." In I, I, #2 he draws a distinction between the "physical consideration of the mind" and the non-physical consideration, although he does not have a name for the latter. He also speaks there of "sensations by our organs" and "ideas in our understanding." Locke disclaimed any intention of going into the physical account of sensation. He simply accepted the current corpuscular theory. But although he is not always as precise as we would be about the physical and physiological levels of encounter, in distinction from the mental levels, he does hold to this division. II, I, #3, for instance, speaks of the senses conveying "into the mind" several "distinct perceptions... (shrink)

For virtually all the major schools of Western opinion, the collapse of the Communist regimes in Eastern Europe and in the Soviet Union, between 1989 and 1991, represents a triumph of Western values, ideas, and institutions. If, for triumphal conservatives, the events of late 1989 encompassed an endorsement of “democratic capitalism” that augured “the end of history,” for liberal and social democrats they could be understood as the repudiation by the peoples of the former Soviet bloc of Marxism-Leninism in all (...) its varieties, and the reemergence of a humanist socialism that was free of Bolshevik deformation. The structure of political and economic institutions appropriate to the transition from post-Communism in the Soviet bloc to genuine civil society was, accordingly, modeled on Western exemplars—the example of Anglo-American democratic capitalism, of Swedish social democracy, or of the German social market economy— or on various modish Western academic conceptions, long abandoned in the Soviet and post-Soviet worlds, such as market socialism. No prominent school of thought in the West doubted that the dissolution of Communist power was part of a process of Westernization in which contemporary Western ideas and institutions could and would successfully be exported to the former Communist societies. None questioned the idea that, somewhere in the repertoire of Western theory and practice, there was a model for conducting the transition from the bankrupt institutions of socialist central planning, incorporated into the structure of a totalitarian state, to market institutions and a liberal democratic state. Least of all did anyone question the desirability, or the possibility, of reconstituting economic and political institutions on Western models, in most parts of the former Soviet bloc. (shrink)

Although C. A. Campbell's account of the problem of suffering is articulated in the context of making out a case for rational Theism, it does not stand or fall with the case for rational Theism. It has independent merit as a sustained effort of reason to grapple with the problem of whether the goodness and omnipotence of God are consistent with the prima facie badness of so much of the suffering that exists in God's world. Campbell's views on suffering are (...) to be found in On Selfhood and Godhood , pp. 287–306, and in an earlier article ‘Reason and the Problem of Suffering’ , published in Philosophy , x 1935, pp. 154–67. In the first section of what follows, I give a summary of Campbell's line of argument. In the second I offer some critical comments on certain aspects of his treatment. 1. (shrink)

Based on a conference held Apr. 4-5, 2008 at Amherst College.

"Investigates the role of Catholic philosophers in confronting the ideas brought about by modern developments in philosophy, medicine,and politics"--Provided by publisher.

John N Andrews; General Thinking Skills: are there such things?, Journal of Philosophy of Education, Volume 24, Issue 1, 30 May 2006, Pages 71–79, https://doi.o.

In 1974, John P. "Jack" Murtha became the first Vietnam combat veteran elected to Congress. In the nearly three decades since then, Congressman Murtha has been intimately involved with governmental decisions about America's national security and foreign policy, adding his unique perspective to international affairs while faithfully representing Pennsylvania's twelfth district. _From Vietnam to 9/11 _combines personal memoir with thoughtful analysis to provide a behind-the-scenes account of the formation and conduct of U.S. foreign policy in the last quarter-century. At (...) the same time, it tells the story of a man committed to service and community. (shrink)

My project in this paper is to extend the interventionist analysis of causation to give an account of causation in psychology. Many aspects of empirical investigation into psychological causation fit straightforwardly into the interventionist framework. I address three problems. First, the problem of explaining what it is for a causal relation to be properly psychological rather than merely biological. Second, the problem of rational causation: how it is that reasons can be causes. Finally, I look at the implications of an (...) interventionist analysis for the idea that an inquiry into psychological causes must be an inquiry into causal mechanisms. I begin by setting out the main ideas of the interventionist approach. (shrink)

The life history of certain philosophical and theological terms and concepts constitutes in itself an interesting matter for consideration and reflection. None is more interesting than that of natural law. Many studies have traced the development of natural law philosophy from its early precursors among the Pre-Socratics through Plato and Aristotle, the Stoics, St Thomas, and the early British empiricists; have noted its demise in the nineteenth century, largely as a result of the criticism of Hume; and have observed its (...) renaissance in the twentieth century. Despite this undeniable revival of interest in the theory in the present century, a moral philosopher uses the term only at great risk, for no philosophical theory has been so vigorously attacked and so thoroughly ‘refuted’ as natural law. (shrink)

This work serves as an introduction to both the theoretical and practical aspects of using computers to improve the delivery of social services. Though many practitioners believe that computerization dehumanizes clients and should be avoided, John Murphy and John Pardeck demonstrate how, through a holistic approach to computer use, this problem, and others like it, can be averted. By providing practitioners the opportunity to sharpen their conceptual skills in computer technology, this book promotes a rational understanding of the (...) possible uses and limitations of computers in social service agencies. Unlike other, technically-oriented works in this field, Murphy and Pardeck's work focuses on the philosophical justification of computer use, along with the conceptual or symbolic nature of computerization. They fully illustrate how to create the organizational conditions necessary for computers to improve social-service delivery, and they do so in a manner that is easily accessible for both general classroom and professional use. Among the topics addressed are the technological world-view, Western philosophy, and knowledge; computer mediated therapy; ethical issues related to computerized service delivery; and construction of a socially responsible technology. This work will be a unique and important resource for courses in computer applications, policy analysis, and social service administration, as well as a useful reference source for human service agencies and practitioners. Public and academic libraries will also find it to be a valuable addition to their collections. (shrink)

In 2011, Hibbard suggested an intelligence measure for agents who compete in an adversarial sequence prediction game. We argue that Hibbard’s idea should actually be considered as two separate ideas: first, that the intelligence of such agents can be measured based on the growth rates of the runtimes of the competitors that they defeat; and second, one specific (somewhat arbitrary) method for measuring said growth rates. Whereas Hibbard’s intelligence measure is based on the latter growth-rate-measuring method, we (...) survey other methods for measuring function growth rates, and exhibit the resulting Hibbard-like intelligence measures and taxonomies. Of particular interest, we obtain intelligence taxonomies based on Big-O and Big-Theta notation systems, which taxonomies are novel in that they challenge conventional notions of what an intelligence measure should look like. We discuss how intelligence measurement of sequence predictors can indirectly serve as intelligence measurement for agents with Artificial General Intelligence (AGIs). (shrink)

This volume offers an English translation of John of St. Thomas's Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity's continual coming to terms with the "Third Entry" of Aristotelian thought into Western Christian intellectual culture - specifically the Aristotelian notion of 'science' and sacra doctrina's satisfaction of those requirements - the Thomistic-commentary tradition, and (...) the larger backdrop of the Iberian Peninsula's flourishing "Second Scholasticism." In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez - to name only a few - in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process - and not insignificantly - the status quaestionis of theology's scientific character is clearly framed and answered according to John's satisfaction. Key to John of St. Thomas's resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls "virtual revelation." This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism. (shrink)