This paper argues that there is no general justification for punishing failed attempts less severely than successful attempts.

Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) (...) that our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant's understanding of moral duty was that duties are symmetrical , such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense. (shrink)

Embarrassed by the apparent rigorism Kant expresses so bluntly in ‘On a Supposed Right to Lie,’ numerous contemporary Kantians have attempted to show that Kant’s ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) (...) that our perfect Kantian duty of self‐preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant’s understanding of moral duty was that duties are symmetrical, such that if one has a duty to perform a given action on one’s own behalf or to protect one’s own rational nature, then one also has a duty to perform similar acts on other’s behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self‐defense. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Murder in the Garden? The Envy of the Gods in Genesis 2 and 3 Paul DuffJoseph Hallman George Washington University University of St. Thomas According to Walter Brueggemann, "No text in Genesis (or likely in the entire Bible) has been more used, interpreted and misunderstood" than the story of Adam and Eve in the garden. "This applies to careless, popular theology as well as to the doctrine of (...) the church"(41). Augustine attempted to explain the first few chapters of Genesis on no fewer than five different occasions throughout his career. Based on his reading ofPaul, Augustine and Western Christianity after him believed that the entire human race inherited the disobedience ofAdam and Eve. The story in Genesis 2-3 represents the beginning ofthe J narrative, the so-called Yahwist account of the creation which originated in the early years ofthe Israelite monarchy.8 Commentators have long acknowledged a variety ofelements in the Yahwist creation account which complicate its interpretation and defy any satisfactory explanation. Among the more puzzling elements in the story are, first, the implication in Gen. 3:22 of a plurality of divine beings, a fact which seems to contradict the rest ofthe narrative and which also flies in the face of Israelite monotheism. Second, according to Gen. 2:17, God threatens Adam with the punishment of 8 The Yahwist document, originally independent, was later combined with three other strands of ancient material to form the Pentateuch. For a recent study ofthe "Documentary Hypothesis," see Richard Friedman. 1 84Paul DuffandJoseph Hallman immediate death for transgressing the deity's prohibition (cf. 3:3, 3:4). God does not carry out the threatened punishment, however, nor does the text offer the reader an explanation for the deity's commutation ofthe sentence (Westermann 224-5). Third, the origin and nature ofthe serpent in the story is unclear. Where did he come from? The identification ofthis figure with Satan in the later tradition has no support in the text (Westermann 237-9). Finally, the prohibition not to eat ofthe single tree in the garden appears to be arbitrary. Hence the crime of Adam and Eve is obviously contrived. Despite the fact that the original sentence of death for their disobedience was not carried out, the curses invoked on Adam and Eve seem hardly warranted by the offense. Consequently, some sections ofthe text depict the deity as a petty tyrant, certainly a very different picture than that given by other scriptures ofthe Jewish and Christian traditions. We believe these difficulties can be overcome by approaching Genesis 2-3 from a Girardian perspective.9 We propose that this story has evolved10 in order to hide its original meaning. As a result—following Girard's understanding of the function and evolution of mythology—we will endeavor to "deconstruct" Genesis 2-3 in order to trace the evolution ofthis myth from its origin in a primal crime. This will enable us to explain the inconsistencies in the text as it stands and to appreciate the final revisions made by the biblical author(s). We will begin with a brief discussion of Girard's understanding ofmyth. Then we will turn to the problems ofthe Genesis text. Girard on myth According to Girard, myth is, quite simply, a narrative about a primal murder, rewritten from the vantage point ofthe killers (1977a, 64-7, 91-5; 1986, 24-44). As such, mythology covers up the role of the victimage mechanism as the basis ofculture. Myths which disguise or cover up such a crime can take many forms. For instance, the foundational murder of an 9 In his recent book on Paul, Robert Hamerton-Kelly presents a Girardian interpretation of this passage which is completely different from ours (92-7). Since Hamerton-Kelly appears to read the myth at face value without a sense of development, he, like most interpreters, ends with somewhat tortuous conclusions. 10It is virtually certain that the account found in Gen. 2 and 3 did not come into being as a free composition of the Yahwist. But, as Claus Westermann has pointed out in his history ofthe exegesis ofthis passage (186-91), despite the fact that most see it as a product of a long... (shrink)

This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: Even (...) if there is a good moral reason to execute murderers, the distinction between capital punishment and murder requires a plausible account of the state's right to execute citizens. We have no such account. (shrink)

In a rational system defences should interlock with the elements of the offence to ensure that conviction labels are differentiated according to the defendant’s degree of wrongdoing and culpability. The overall grading structure of criminal homicide, as represented in contemporary doctrine, goes some way to reflect this ethic. But the substance lacks precision and, in some key details, moral coherence. The recent Law Commission Consultation Paper, in a pragmatic and sensible attempt to rid the law and procedure of murder (...) of the malign influence of the mandatory sentence, has unnecessarily compromised such structural coherence as it currently enjoys and which could properly form a satisfactory basis for reform already precise and morally coherent. This is evident both in relation to the abandonment of the attack based template for the fault element in murder, and also in the unwillingness to view the partial defences as affecting the wrong in homicide as opposed to the grade. (shrink)

In most penal systems, success is punished more than failure. For example, murder is punished more severely than attempted murder. But success or failure is often determined by luck. It thus appears that punishment is allotted on the basis of arbitrary factors. The problem of criminal attempts is the question of how to best resolve this apparent tension. One particularly sophisticated attempt at resolution, first developed by David Lewis, holds that such differential punishment is not unjust when (...) understood as a natural penal lottery. What is most interesting about this view is that it does not appear to involve a commitment to resultant moral luck. I argue that the natural penal lottery fails to deliver justice. Upon analysis, it carries the same implication that it sought to avoid—namely, a commitment to resultant moral luck. I then argue that there can be, in principle, no penal lottery that delivers justice, natural or otherwise. (shrink)

Most people agree that murder is wrong. Yet, within computer games virtual murder scarcely raises an eyebrow. In one respect this is hardly surprising, as no one is actually murdered within a computer game. A virtual murder, some might argue, is no more unethical than taking a pawn in a game of chess. However, if no actual children are abused in acts of virtual paedophilia (life-like simulations of the actual practice), does that mean we should disregard these (...) acts with the same abandon we do virtual murder? In this paper I shall outline several arguments which attempt to permit virtual murder, whilst prohibiting virtual paedophilia. (shrink)

Parents in Arab society did not take any responsibility for their children in the pre-Islamic era. The husband, as the head of the family, used to treat family members as his servants and forced them in the direction of his interests. No matter the rationale behind it, the burial of daughters in the pre-Islamic era is an outrageous and ill-treated tradition. In this study, it is possible to see which tribes in the Arab society started this repellent custom and which (...) ones were more common. In the society, it is possible to find that there were conscientious and virtuous people trying to prevent these events which can be called as a shame of this humanity, which does not approach the events with the value judgments of that day. Before shedding light on the motivations behind this tradition in the Jahiliyyah Arab society, the examination of the treatment towards daughters in other parts of the World in the same era, would be meaningful in terms of enlightening the phenomenon. This study aims to crystallize the causes, extent, and responses by wise people towards the burial of daughters in the pre-Islamic and Prophetic era.Summary: The burial of daughters or their slaughter in a variety of ways was not unique to the Arabs. At that time people and animals in many parts of the world were sacrificed to give thanks to the gods and to ease their anger. When the killings of girls are considered, Arab society comes to mind. In that time, other countries and nations in the world were not different from the Arabs. During this period, daughters were killed in different ways, not through the burial of living alive.During the Jahiliyya period, among the Arabs who murdered the children of the boys, the girls, and children who were considered to be the weakest members of the family were conducted with this treatment. Men who were the head of the family could tolerate having one or a maximum of two girls. When the number of girls increased, they regarded it as a matter of honour so that when a new daughter was born, the inevitable attempt was to murder her.In the Arabian peninsula - rich merchant families exceptional - families were trying to survive with scarce opportunities. The food and clothing materials used were usually exported and extremely expensive. Therefore, there was a necessity for male members of the family who would provide for the family. From this perspective, so many sons meant dignity. The economy of the day was based on looting and pillaging except for the trade of the elite. Therefore, one had to be strong. The birth of a daughter meant shame, sadness and grief instead of joy and happiness for them. The man would wait excitedly for good news. If the baby was a boy the family rejoiced. However, if it was a daughter the father would be upset. When a person said, “She was a daughter” she could not know what to do with her shame and how to hide from people.When the Arab tribes were examined in general, the burial of daughters was not extended to the whole population. The question of murdering the girl by burying her child was common among Bedouin Arabs who lived in the desert rather than the city. It was extremely difficult to see this tradition in the tribe of Quraish, which were regarded as the masters of the Arabs. When we look at the sources of Jahiliyya and Islamic history, it is observed that the examples of this outrages customs were generally realized in the near term. It is understood that the memory of society is not rich enough to comment. The main reason for this is that Arab society has not a written culture.For the Jahiliyya Arabs, her daughters were ashamed. If they married their daughters even before they had married their daughters into adultery, seeing it as lighter than their children. One of the main reasons was jealousy. The data show that this style was applied more intensely among the Bedouin tribes and especially the tribes of Temim, which is considered to have started the process of burying girls. It is also said that the most jealous tribe of the Arabs is the Rebia tribe. Because of this feature, it is accepted that the first burial of the girl was started in this tribe.Although the Arab society before Islam was known by the atrocities of ignorance and weakness, there were people who were not completely dead and consciously dead. Even though they buried girls alive in society, some people who were disturbed by this rite that destroyed human dignity were trying to prevent ignorant and cruel fathers. The most well-known of the these was the famous poet Ferezdak, grandfather Sasaa b. Naciye.One of the main reasons for the behavior of burying girls alive before Islam was the fear of poverty. Most of them were living in the midst of starvation, and they were considering their daughters as burdens for the family. So they were burying their daughters because of poverty and hunger.One of the reasons for the murder of girls was the sense of honour. In Jahiliyya when a man marries a woman does not come to mind this sense, while marrying his own daughter to someone else sees this as a matter of dishonesty and and he says “it was more sweet to me to bury my daughter with my own hands rather than to marry my daughter. The idea of honour among the Arabs was the idea that their daughters and women would one day be in the hands of the enemy and thus would become a concern for themselves.One of the attributes of the nobles of Arabs was pride and vanity. If someone become arrogant to him and he doesn’t reply, he would be considered a coward. This arrogance dominated the movements of the people of the ignorance. In their eyes, it was so bad to marry someone who was not equal, that they were more likely to die than marrying someone. They were doing this because they had a bit of compassion for them. According to them, girls could not shoulder the heavy burden of life. There were many ways to kill the girl before Islam. But the most common of these was to push him into a hole he had dug before and to throw soil over her and bury her alive. The most commonly used method of killing girls by dumping them in the pits, though, was that they were drowned in the water or strangled. (shrink)

As with most great works of art, great films are typically amenable to multiple interpretations, and there need be no determinate answer to which interpretation is ‘right’ or even the ‘best’. Yet some interpretations can render a work more compelling—perhaps more morally or religiously deep—than others. And that might be one reason for preferring the interpretation in question. This article focuses on Woody Allen’s "Crimes and Misdemeanors", which has often been construed as an attempt to illustrate the thesis that crime (...) sometimes pays. I call this the unjust reading of the film and contrast it with the just reading. I argue, however, that both these readings presuppose a consequentialist conception of justice that is not the only conception available. Reinterpreted from a perspective of intrinsic justice, the film gains a depth that is unavailable in the light of the other interpretations. (shrink)

Most studies on the reception of Darwinism in France focus on the scientific community. This essay investigates the popular press. Widely discussed in French newspapers in 1878, Darwinism was connected with a sensational murder case in which two well-educated young men, Aimé Barré and Paul Lebiez, killed an elderly woman. Before his arrest, Lebiez had given a public lecture on the Darwinian “struggle for life.” Competing factions of the press explicitly linked the case with Darwinism to advance either conservative (...) or republican political agendas, which brought Darwinism into the public eye. This essay argues that Charles Darwin’s instrumentalization was decisive in spreading his theory in French society. That same year, the Academy of Sciences elected Darwin to membership after six failed attempts. (shrink)

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for (...) murdering through tougher sentences, and it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

Recently, a few attempts have been made to rehabilitate satisficing consequentialism. One strategy, initially shunned by Tim Mulgan, is to suggest that agents must produce an outcome at least as good as they could at a particular level of effort. The effort-satisficer is able to avoid some of the problem cases usually deemed fatal to the view. Richard Yetter Chappell has proposed a version of effort-satisficing that not only avoids those problem cases, but has some independent plausibility. In this paper, (...) I argue that we should be concerned by verdicts the effort-satisficer delivers that are too permissive. Revising a problem for the traditional outcome-satisficer, I argue that Chappell’s willpower satisficing, and more generally, any effort-satisficer, must implausibly condone murder in many cases. This seems like a serious issue for any attempts at rehabilitating satisficing consequentialism in this way. After presenting my objection, I consider some ways an effort-satisficer might attempt to revise the account to avoid these problems, but argue that none of these can succeed. (shrink)

In this stunning reappraisal of the celebrated case of Daniel Paul Schreber, Lothane takes the reader on a richly documented tour of all the ingredients that made Schreber's illness a unique psychiatric event. Building outward from a close examination of Schreber's troubled relationship to his two psychiatrists, Flechsig and Weber, Lothane elaborates the personal, familial, and cultural contexts of Schreber's illness. Incorporating extensive new archival and bibliographic research, and providing extensive accounts of the personalities and theories of Schreber's two psychiatrists, (...) Paul Flechsig and Guido Weber, Zvi Lothane offers a stunning reappraisal of the Schreber case that overturns virtually all previous opinion. Lothane examines both the man and his milieu in a way that allows the reader fresh access not only to the tragedy of Schreber's illness but also to his heroic, if doomed, attempts to come to terms with his condition through writing. In the process, he persuasively demonstrates that important issues of both psychiatric diagnosis and psychoanalytic interpretation have heretofore been compromised by a failure to pay sufficient attention to Schreber's interpersonal, cultural, and historical contexts. (shrink)

Ancient writers tell conflicting stories of the last hours of Agrippina, the mother of Nero. Modern commentators have been equally at variance in their attempts to harmonize them. A consideration, however, of all the evidence makes a reasonable account of the tragedy seem even yet possible. Naturally, most confidence has been put in the more circumstantial narrative of Tacitus.

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

Black magic (henceforth BM) is acting in an attempt to harm human beings through supernatural means. Examples include the employment of spells, the use of special curses, the burning of objects related to the purported victim, and the use of pins with voodoo dolls. For the sake of simplicity, we shall focus on attempts to kill through BM. The moral attitude towards BM has not been, as far as we know, significantly discussed in contemporary analytic philosophy. Yet the topic brings (...) up interesting questions and poses challenges, occasionally even reaching the level of paradoxes. Ideas of respecting persons, in particular, will be seen to be challenged by this form of magic. The notion of respecting persons will be treated here broadly and pluralistically. Indeed part of the interest in the discussion will be the unfolding of the diverse ways in which this term should be understood, and the contrasts between its various uses. Often, as we shall see, respect for persons and disrespect for them, in different senses, will co‐exist, and the dilemma will be one where avoiding some forms of disrespect will involve us in disrespect in other senses. (shrink)

Moral judgments, whether delivered in ordinary experience or in the courtroom, depend on our ability to infer intentions. We forgive unintentional or accidental harms and condemn failed attempts to harm. Prior work demonstrates that patients with damage to the ventromedial prefrontal cortex deliver abnormal judgments in response to moral dilemmas and that these patients are especially impaired in triggering emotional responses to inferred or abstract events, as opposed to real or actual outcomes. We therefore predicted that VMPC patients would deliver (...) abnormal moral judgments of harmful intentions in the absence of harmful outcomes, as in failed attempts to harm. This prediction was confirmed in the current study: VMPC patients judged attempted harms, including attempted murder, as more morally permissible relative to controls. These results highlight the critical role of the VMPC in processing harmful intent for moral judgment. (shrink)

Omar Khadr was arrested at the age of 15 by the U.S military and has remained in custody in Guantanamo for 8 years. Today, he plead guilty to five war crime charges. Despite stating in open court last summer that he would not plead guilty, today he muttered a confession. In accordance with the plea bargain, Khadr plead guilty to murder, attempted murder, conspiracy, providing material support to terrorists, and spying. Following this, a jury imposed the harshest (...) possible sentence, 40 years imprisonment. Khadr may receive parole after eight years. The first year of this sentence will be served in Gauntanamo, following which he may be repatriated. The government of Canada does not have to repatriate Khadr, nor is parole guaranteed. Rather than hypothesizing outcomes, I want to discuss the case philosophically. (shrink)

Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

''In a democracy, should everyone - absolutely everyone - get a vote? Does it really matter if tigers become extinct? Why does murder carry a heavier penalty than attempted murder? If you don't like the socks your grandma gives you for Christmas, should you tell her so? This entertaining introduction to ethics will bring you face to face with some tough moral choices. It presents you with 101 imaginative scenarios - sometimes amusing, sometimes tragic and sometimes uncomfortably (...) realistic - which will force you to re-examine your most cherished assumptions about right and wrong. Including: the torturer with a conscience; the lady who can prevent enormous suffering for the price of a latte; and the man who is handy with his fists but not a killer, surely." -- Back cover. (shrink)

Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted (...) class='Hi'>murder and assault. (shrink)

Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted (...) class='Hi'>murder and assault. (shrink)

Inchoate crime consists of acts that are regarded as crimes despite the fact that they are only partial or incomplete in some respect. This includes acts that do not succeed in physically harming the victim or are only indirectly related to such a result. Examples include attempts (as in attempted murder that does not eventuate in the killing of anyone), conspiracy (in which case the crime has only been planned, not yet acted out) and incitement (where the inciter (...) does not himself commit the crime he is urging others to undertake). The present paper attempts to analyze these inchoate crimes from a libertarian perspective, based on the non-aggression principle. (shrink)

On July 27th, 2013, Sammy Yatim was shot and killed by Toronto Police Services’ Constable James Forcillo during a verbal confrontation on a streetcar as Yatim brandished a switchblade knife. Forcillo was charged, initially with second degree murder, and later attempted murder—a decision that confused media commentators as attempted murder is a lesser-and-included offense to second degree murder in Canadian law. In January 2016, Forcillo was found not guilty of second degree murder and (...) guilty of attempted murder. Video evidence, recovered from the streetcar’s onboard security cameras, was described by the presiding judge, Justice Edward Then, as proving beyond a reasonable doubt that Forcillo’s testimony was unreliable, especially in light of other evidence. This paper examines the use of video evidence to arrive at a ‘compromise verdict’ and the paradox of being convicted of attempting to murder someone who was killed. (shrink)

This is a story of everyday people, probably not very much unlike you or me. The young man of this story did not have any idea how his life was to be shaped by the experiences that occurred, or rather the adventure that befell him as he found his soul mate. The danger and mystery that entrapped them as they struggled to stay alive while they faced the evil and greed that stolen money, kidnapping, and attempted murder caused. (...) Their lives became anything but a dull and mundane existence, it became an adventure of a lifetime. Fresh from the battles of the war in Iraq, Joseph O Mally's enlistment in the United States Air Force was up. Back at his home base in Germany he had taken an in country discharge with plans for a little rest and relaxation' as he visited England, Scotland and Northern Ireland where he would sightsee and enjoy life before he returned home to the States to settle down. During his R and R' he found the woman of his dreams and thought his life to be as perfect as humanly possible, but instead stolen money and death awaited them, insuring that if they did manage to live through the ordeal, they would remember this vacation' for the rest of their lives.. however long that might be! The adventure that befalls Joseph Nguyên O Mally and Caiside Tharp Breasail weaves a tale of a magnificent romance that requires character that is born of courage, honorable actions, and a true attempt to be the type of person God would have them to be in spirit, body, and soul. Their adventure is global since it takes them to three different continents on this planet. The adventure begins here but the ending waits in.. the unknown! (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 can explain our intuitions about corporate takeover cases by appeal to Peter French's picture of the corporation as a moral person. He argues that corporations are persons in much the same sense as you and I, and are entitled to the same rights as humans. On this analysis, takeovers are murders, attempted murders, attempts to enslave, etc. I want to explore the consequences of this view for corporate takeovers. I shall argue that, though French can explain why our (...) moral intuitions seem to arise in response to some concern about the corporations themselves, his analysis commits us to the wrong intuitions in some cases. I shall then offer an account of these intuitions which focuses on the character of corporations. (shrink)

A murder of an Afro-American detainee by a policeman at the end of May 2020 caused a public outrage in the United States, which led to a campaign against the monuments to historical figures whose reputation, according to the protesters, was marred by racism. Some German publicists, impressed by the campaign, initiated an analogous search for racists among the national thinkers and politicians of the past. Suddenly Kant emerged as a ‘scapegoat’. This statement is an attempt to assess such (...) reactions from the perspective of Russia’s experience. (shrink)

Le terme « totalitaire » est issu d’un réseau discursif indissociable d’actes meurtriers. D’où le sens donné à l’expression de « langage totalitaire » : un langage de coercition, lié à la violence, au meurtre et à la terreur. Les communications présentées à Cerisy-la-Salle tentent de caractériser un tel langage. Chercheurs en communication, en sciences du langage, en sociologie ou en littérature, philosophes et psychanalystes s’interrogent sur la tyrannie logique du discours de la terreur et les manipulations mortifères mises en (...) œuvre d’hier à aujourd’hui. Les analyses de Victor Klemperer sur le discours nazi et ses observations scrupuleuses sur les signes de ce régime sont une référence primordiale. Les diverses études montrent comment se met en place une logique d’assujettissement à partir du matériau signifiant et de sa mise en scène. L’interrogation porte enfin sur les formes de résistance à opposer à ce langage.The term « totalitarian » is a product of a discursive system that is inseparable from acts of murder, hence the meaning given to the expression « totalitarian language » as a language of coercion linked to violence, murder and terror. The papers given in Cerisy-la-Salle attempt to characterise this language, through the reflections of researchers in communication, language sciences, sociology and literature on the logical tyranny of the discourse of terror and its murderous manipulations, both past and present. Victor Klemperer’s analyses of Nazi discourse and his scrupulous observations on signifiers in the Nazi regime are references of paramount importance. The different studies show how the logic of subjection takes hold as it spreads from a body of signifying material and the representations given to it. Finally, the question is raised of forms of resistance to language of this kind. (shrink)

The Holocaust and attempts to deny it, racism, murder, the case of Mary Bell. How can we include these and countless other examples of evil within our vision of a common humanity? These painful human incongruities are precisely what Raimond Gaita boldly harmonizes in his powerful new book, _A Common Humanity_. Hatred with forgiveness, evil with love, suffering with compassion, and the mundane with the precious. Gaita asserts that our conception of humanity cannot be based upon the empty language (...) of individual rights when it is our shared feelings of grief, hope, love, guilt, shame and remorse that offer a more potent foundation for common understanding. Drawing on the work of Hannah Arendt, Simon Weil, Primo Levi, George Orwell, Iris Murdoch and Sigmund Freud, Gaita creates a beautifully written and provocative new picture of our common humanity. (shrink)

I attempt to show that, under materialist assumptions about the nature of mind, it is a necessary condition for fetal personhood that electrical activity has begun in the brain. First, I argue that it is a necessary condition for a thing to be a moral person that it is (or has) a self—understood as something that is capable of serving as the subject of a mental experience. Second, I argue that it is a necessary condition for a fetus to be (...) (or have) a self that some form of electrical brain activity occurs. Third, I argue that since the beginning of brain activity typically occurs at around 10 weeks of gestational age, most fetuses are not persons during the first 10 weeks of pregnancy and hence that abortion of most fetuses during this period does not rise to the moral level of murder. (shrink)

The present paper attempts to forge a compromise between those who maintain that stem cell research is out-and-out murder of young helpless human beings and those who favor this practice. The compromise is predicated upon the libertarian theory of private property rights. Starting out with the premise that not only the fetus but even the fertilized egg is a human being, with all rights thereto, it offers a competition between those who fertilize eggs for research and those who wish (...) to adopt them. If and only if the former win this competition will they be allowed to use these very young human beings for the purposes they have constructed them. This is justified on grounds of avoiding child abuse. (shrink)

Psychoanalytic jurisprudence attempts to understand the images used by law to attract and capture the subject. In keeping with the larger psychoanalytic tradition, such theories tend to overemphasise the paternal principle. The image of law is said to be the image of the paterfamilias—the biological father, the sovereign, or God. In contrast to such theories, I would like to introduce the image of the mother and analyse its impact on the subject’s relation to law. For this purpose, I examine the (...) history and use of the figure of Bharat Mata or Mother India and how it influences the Indian subject’s relation to law. When the subject is torn between his loyalties to the lawmaker–as–father and the nation–as–mother, who does he side with? Eschewing Greek myths and the Oedipus complex, I focus instead on Hindu mythology and the notion of an oedipal alliance to understand legal subjectivity in India. Lastly, I analyse a defining Indian political trial, the Gandhi murder trial, in which all these notions come to play and the accused justifies his decision to murder the father of the nation in the name of the motherland. (shrink)

: This article attempts to do two things: reveal a continuity of structure in white supremacy in the U.S. between its initial invention in the seventeenth-century English colonies and the present, and advance a specific analysis of a moment in the process of that invention that involved the domination and redefinition of women. That moment was provided by the matrilineal servitude statute passed in Virginia in 1662. To highlight the meaning of this statute, the article begins with a portrait of (...) a contemporary case in which a black woman is convicted of murder for bearing a stillborn child in South Carolina. By mapping a homology of structure between the earlier statute and the contemporary instance, a continuity in the structure of racialization is revealed that places it at the very foundation of the culture of the U.S. (shrink)

This article attempts to do two things: reveal a continuity of structure in white supremacy in the U.S. between its initial invention in the seventeenth-century English colonies and the present, and advance a specific analysis of a moment in the process of that invention that involved the domination and redefinition of women. That moment was provided by the matrilineal servitude statute passed in Virginia in 1662. To highlight the meaning of this statute, the article begins with a portrait of a (...) contemporary case in which a black woman is convicted of murder for bearing a stillborn child in South Carolina. By mapping a homology of structure between the earlier statute and the contemporary instance, a continuity in the structure of racialization is revealed that places it at the very foundation of the culture of the U.S. (shrink)

This article attempts to do two things: reveal a continuity of structure in white supremacy in the U.S. between its initial invention in the seventeenth-century English colonies and the present, and advance a specific analysis of a moment in the process of that invention that involved the domination and redefinition of women. That moment was provided by the matrilineal servitude statute passed in Virginia in 1662. To highlight the meaning of this statute, the article begins with a portrait of a (...) contemporary case in which a black woman is convicted of murder for bearing a stillborn child in South Carolina. By mapping a homology of structure between the earlier statute and the contemporary instance, a continuity in the structure of racialization is revealed that places it at the very foundation of the culture of the U.S. (shrink)

This paper is an attempt to discuss the connections between Dante’s Divine Comedy and the poetic representations of the extermination of Jews during World War II. The work of the Italian master proves to be a point of reference for many Polish and Polish-Jewish poets in their search for the right language to describe the brutal reality of the Holocaust, to render the cruelty of this crime and the immense suffering of its victims, to testify about their own experience, and (...) to pay a tribute to the murdered. The poetry discussed in this text was written, among others, by Michał Maksymilian Borwicz, Izabela Gelbard, Janina Podlodowska, Krystyna Żywulska, and Andrzej Bursa. The references to the Divine Comedy are made in two ways and serve two basic purposes. Firstly, their aim is to portray the Holocaust as a reality confusingly similar to Dante’s inferno, secondly, they are to present the Holocaust as a reality far worse, more brutal and more gruesome than Dante’s hell. The second of the abovementioned ways of poetic presentation of the experience of the Shoah is very often connected with bitter irony, characteristic especially for Jewish art and sometimes directed against the sender of the message itself. In the course of analysis and interpretation, the phenomenon of universalization and partial decontextualization of originally religious motifs comes to the fore. The author argues that the reality of the Shoah can be compared to the devil’s abyss only if this abyss is no longer perceived as the place of eternal and just condemnation for sinners. The twentieth-century “hell” of concentration camps and ghettoes, though associated with Dante’s inferno, is not the place of deserved punishment, but of cruel crime and of immense, blameless and unjustifiable suffering. (shrink)

Written against the background of her controversial opposition to the University of Oxford's awarding of an honorary degree to Harry S. Truman, Elizabeth Anscombe's /Intention/ laid the groundwork she thought necessary for a proper ethical evaluation of actions like the bombing of Hiroshima and Nagasaki. The devoutly Catholic Anscombe thought that these actions made Truman a murderer, and thus unworthy of the university's honor — but that this verdict depended on an understanding of intentional action that had been widely rejected (...) in contemporary moral philosophy. /Intention/ was her attempt to work out that understanding and argue for its superiority over a conception of intention as an inner mental state. -/- Though recognized universally as one of the definitive works in analytic philosophy of action, Anscombe's book is often dismissed as unsystematic or obscure, and usually read through the lens of philosophical concerns very far from her own. Schwenkler's Guide offers a careful and critical presentation of Anscombe's main lines of argument at a level appropriate to advanced undergraduates but also capable of benefiting specialists in action theory, moral philosophy, and the history of analytic philosophy. Further, it situates /Intention/ in a context that emphasizes Anscombe's debts to Aristotle, Aquinas, and Wittgenstein, and her engagement with the work of contemporaries like Gilbert Ryle and R. M. Hare, inviting new avenues of engagement with the ideas of historically important philosophers. (shrink)

It typically taken for granted that agents can be morally responsible for such things as, for example, the death of the victim and the capture of the murderer in the sense that one may be blameworthy or praiseworthy for such things. The primary task of a theory of moral responsibility, it is thought, is to specify the appropriate relationship one must stand to such things in order to be morally responsible for them. I argue that this common approach is problematic (...) because it attempts to explain the way in which an agent can be morally responsible for something that is external to her, the agent. Since, I argue, everything that matters for moral responsibility is internal to the agent, the accounts that emerge from this approach are committed to a particular form of moral luck. Instead, we should reject this form of moral luck, and with it, the possibility of moral responsibility for objects external to the agent. We are, I argue, morally responsible only for our inner willings. Thus, a form of internalism about moral responsibility is defended. (shrink)

A compelling look at the problem of evil in modern thought, from the Inquisition to global terrorism Evil threatens human reason, for it challenges our hope that the world makes sense. For eighteenth-century Europeans, the Lisbon earthquake was manifest evil. Today we view evil as a matter of human cruelty, and Auschwitz as its extreme incarnation. Examining our understanding of evil from the Inquisition to contemporary terrorism, Susan Neiman explores who we have become in the three centuries that separate us (...) from the early Enlightenment. In the process, she rewrites the history of modern thought and points philosophy back to the questions that originally animated it. Whether expressed in theological or secular terms, evil poses a problem about the world's intelligibility. It confronts philosophy with fundamental questions: Can there be meaning in a world where innocents suffer? Can belief in divine power or human progress survive a cataloging of evil? Is evil profound or banal? Neiman argues that these questions impelled modern philosophy. Traditional philosophers from Leibniz to Hegel sought to defend the Creator of a world containing evil. Inevitably, their efforts—combined with those of more literary figures like Pope, Voltaire, and the Marquis de Sade—eroded belief in God's benevolence, power, and relevance, until Nietzsche claimed He had been murdered. They also yielded the distinction between natural and moral evil that we now take for granted. Neiman turns to consider philosophy's response to the Holocaust as a final moral evil, concluding that two basic stances run through modern thought. One, from Rousseau to Arendt, insists that morality demands we make evil intelligible. The other, from Voltaire to Adorno, insists that morality demands that we don't. Beautifully written and thoroughly engaging, this book tells the history of modern philosophy as an attempt to come to terms with evil. It reintroduces philosophy to anyone interested in questions of life and death, good and evil, suffering and sense. Featuring a substantial new afterword by Neiman that raises provocative questions about Hannah Arendt's take on Adolf Eichmann and the rationale behind the Hiroshima bombing, this Princeton Classics edition introduces a new generation of readers to this eloquent and thought-provoking meditation on good and evil, life and death, and suffering and sense. (shrink)

Intuitively, many people seem to hold that engaging in acts of virtual murder in videogames is morally permissible, whereas engaging in acts of virtual child molestation is morally impermissible. The Gamer’s Dilemma (Luck in Ethics Inf Technol 11:31–36, 2009) challenges these intuitions by arguing that it is unclear whether there is a morally relevant difference between these two types of virtual actions. There are two main responses in the literature to this dilemma. First, attempts to resolve the dilemma by (...) defending an account of the relevant moral differences between virtual murder and virtual child molestation. Second, attempts to dissolve the dilemma by undermining the intuitions that ground it. In this paper, we argue that a narrow version of the Gamer’s Dilemma seems to survive attempts to resolve or dissolve it away entirely, since neither approach seems to be able to solve the dilemma for all cases. We thus provide a contextually sensitive version of the dilemma that more accurately tracks onto the intuitions of gamers. However, we also argue that the intuitions that ground the narrow version of the Dilemma may not have a moral foundation, and we put forward alternative non-moral normative foundations that seem to better account for the remaining intuitive difference between the two types of virtual actions. We also respond to proposed solutions to the Gamer’s Dilemma in novel ways and set out areas for future empirical work in this area. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Not Kill a Mandarin?:An ExchangeAmihud GileadIn a powerful and well-written thought experiment, Iddo Landau attempts to persuade us that "people cannot be trusted... people... such as ourselves need to be well supervised... there are important advantages in fearing others, in hesitating to be real individuals, and in constantly apprehending what 'they' will say."1Following Balzac, Landau's thought experiment echoes, to some extent, Plato's myth of Gyges's ring in the (...) Republic (359d ff. and 612b). One of the lessons the reader may draw from this myth is that not only fear but shame also plays a crucial role in human morality. With no shame, without the fear of being caught in a shameful act or deed, people would behave much less morally than they actually do. Like Plato's Socrates, mentioning the gods, the supreme judges in Hades,2 Landau relates his idea also to the belief in God (p. 93). Note also that Socrates's view of morality is compatible with the view that each human being is nothing but smikron, a trifle (Symposium 210b8). Plato's Socrates entertains no false ideas about the alleged "human individuality."A similar logic leads Landau to conclude about the moral requirement "in hesitating to be real individuals," or, better, really autonomous individuals. Thus this conclusion also hints critically against Kantian autonomous morality. As if, contrary to Kant, Landau suggests that in order to behave morally, respecting the moral law or value is certainly less than enough. Instead, he argues, we have to fear what others will say about our behavior and preferences and, while behaving immorally, we [End Page 153] should be ashamed of ourselves in the eyes of other people; otherwise we would not be moral beings at all. All other motives, however sublime, are not sufficient to make us moral beings. Landau regards self-deception or simply wistful thinking of any attempt at thinking otherwise (p. 94), namely, that other motives (such as the respect for the moral law) are sufficient to behave morally. Landau's view is prudent, realistic, and powerful, but, nonetheless, annoying. I have a strong feeling that he is wrong, and this feeling of mine, I believe, does not rest upon self-deception or wishful thinking about humanity; it relies instead upon insight that is backed by sound argument.Why a fairly ordinary person, one of us, would not like to kill a Mandarin, who has done no harm to any of us and who is a completely remote stranger, a lonely person whose death would not change any one else's life but instead would benefit that ordinary person a lot? Suppose, like Landau's thought experiment, that no one, absolutely no one, not even omniscient God, if He exists at all, would know even a little bit about the intention, let alone the deed, of any such potential murderer who can be any human being. What could be his or her reason, as sufficient motive, not to kill the Mandarin after all, even if such a murder would change the life of the potential murderer enormously for the better?We have to explicate Balzac-Landau's thought experiment slightly in order to realize its failure. I call this explication "the mutual effect presupposition" (or, if you like, "the reflexive effect presupposition"). Actually, the thought experiment presupposes it for, if the wish or consent of the potential ("wishful") murderer can cause the Mandarin's death which, in turn, benefits the potential murderer immensely, they are both under the mutual effect presupposition. The problem is that Landau and others appear to be unaware of the moral significance or implication of this presupposition. According to it, given that if I can wish for the Mandarin's death and cause it by means of this wish, then someone, sharing the same world with me, may wish for my own death and may bring it about by means of such a wish alone, provided that absolutely no one knew about such a wish. Would I accept that? Would the potential murderer accept a possible situation in which he would be the Mandarin whom somebody else would like to murder for the... (shrink)

continent. 2.2 (2012): 155–158 Michel Serres. Biogea . Trans. Randolph Burks. Minneapolis: Univocal Publishing. 2012. 200 pp. | ISBN 9781937561086 | $22.95 Conveying to potential readers the significance of a book puts me at risk of glad handing. It’s not in my interest to laud the undeserving, especially on the pages of this journal. This is not a sales pitch, but rather an affirmation of a necessary work on very troubled terms: human, earth, nature, and the problematic world we made. (...) It is this world that aspirates the silence (so to speak), and therefore the subject which, along with the development of the “made world” exports the excess augmentation of the cosmically missing, this silence of the natural, et cetera. Had we learned from Locke that lesson of “labor,” to consume what we need… but perhaps we need more than what matters? Serres’ Biogea has several functions on this manner, if it is indeed a book to be consumed. First, readers searching for novelistic entertainment have a place to dwell. Biogea deserves a place in your back pocket; biographical generosity and poetic fluidity should satisfy most textual fetishes. For lay philosophers who want to refresh their acumen, Biogea deserves a place on the book shelf, one already reads a sorely needed postmodern tune-up here. Serres’ style is clearly French; he leaves few cheese crumbs on his words, rather preciseness and breathing in the work give way to a sweeping manner that breaks the narrative line of sight. A circular narrative and anachronistic fragmentation of terms allows an abyssal atmosphere to swell, if only to pump into the book the externality of its broader text. Biogea aspires to a higher standard and the book, at times, is thinking this negentropic problem too. Univocal, the publisher, has crafted a book appropriate for the hands to hold and the translations are an achievement of an otherwise difficult writer to translate. Terms are the conditions of a broader text. It is important to note that Serres’ content is as much a thinking of terminal ports. There is a regard for the transportation technology of the written word. For me, this is the mark of genius, a craftiness that tells of a book device that I may trust. Serres is an accomplished thinker and a necessary voice to check the putative trendiness of anti-postmodernist and market-driven theory of endless cultural liquidation. Offering interventions on subjectivity as an open system we are given a chance to affirm the human, not merely to discard it, but to engage its poetic image emotion, the calibratory silent sense of the analogic world; the terms on which we base our efforts. 1 The human is the center of its own negation, constantly mediating it. Something deeper at stake appears in the work then, and it is quite obvious from the onset. Certainly, a book is an intensification of possible text and those who brought this actual book into existence have captured a rarity in regards to the subject matter and artistic accomplishment. I mentioned terms as conditions, so let us understand Biogea as bio-yea, a yes to bios . An affirmation of living and accepting presence for all of its defiance of images, words, and things temporal. Therefore Serres’ existence and its existants plays parts; out of linearity and still like a porous bone pumping blood it manufactures into the fleshy life it becomes. Starting from a man named silence chaos emerges, or the man “Old Taciturn” takes up a journey anticipating a great flood. In other words, a development akin to the one in Genesis. In dealing with this ancestral occupation, fusing Genesis with contemporary philosophical terms, Serres initiates this anachronistic fragmentation under the forming subjectivity of his own autobiography. This mutation in the open system is precisely one of Serres’ terms. There an abyss is at work, stated, but also measured by heels on the ground—the abyss dispatching earthen tensions, that which plays our tunes, that which we abide by and recognize in volcanoes, rivers, oceans, earthquakes and weaponry in the battles of the world. Set in later stages of the book, such tensions are harnessed through scientific principles in an attempt to unify the terms of natural force if only to terminate the world. Thus the elevation of the earth into the world is clearly set forth. Here already, and few pages in, a resonance is set forth under appellations such as the river Garonne, a subjectivity as much as it is inhuman, the river is the inhuman that makes us human. I get the sense that Serres is taking up a challenge issued by Wallace Stevens; namely, that the great poems of heaven and hell have been written, but that only the poem of the earth has resisted composition. 2 On this level we cannot avoid the killing factor of silence, given that our cognition blocks its pure, radical obliteration. Thus a silence of attunement to the earth is in a novel dialectic of the rithmic and rhythm. A technological world, a triumph of termination is set forth. If a text imposes its will given the reader who authorizes it, it is made to convey or convect a presupposition to a reader or its inhabitant(s). Text is therefore both, in-content, contenting, contentedness, and in reading it, a way to navigate self-destruction (dis-content). Here then would one note that the “inhuman” reveals itself, “an aperiodic rhythm of lovers and beloved…the sea as our friend…but as our enemy…maternal vivifying sea.” The sea is an open book, or vaginal birth canal, where the engagement of text comes forth: “…woman sea, open vulva.” One sees like the sea, but only after it, when the uninhabitable truth of inhabiting it switches the polarity of the sailors soul: “I was seeing like the sea” (9-11). In other words, we are invited to embrace the nonsense of the visible. At this point I am taken to Jean-François Lyotard’s work The Inhuman , specifically the first entry on negentropy that would be congruent with Serres’ thematic. 3 The human being exports, deports, or transplants its relation through text, through the system— and this is its sense or relation to silence, to music. Unaware of Serres’ proximity to this work, the concept of gender interrelation as regards a solar catastrophe runs clear. It would be, on this basis, that Serres references his peers, the other texts that, as mentioned above, are discarded in philosophy today. For students of philosophy what we have here is perhaps a gift, a needed project. If silence and death are at work, there is a political valence to deal with, and here, much like the domain of the text and the dominion of the reader, we confront the world of natural, fluid violence. The anti-postmodernist critique is in part based on a weak idea that the loss of ideology, of a world vision, motivates the “correlationist” project. 4 Serres seems to offer another way to view this when he notes that whereas persons “sometimes kill,” it is clearly “the collective” that “always kills” (17). What is the collective today, if not an organizing function we never see yet acts in its favor in the name of truth? One feels a sense of enigma here, if only to link to what Stevens remarked of communism as a “grubby faith,” providing this applies for capitalism as well, namely any ideology of progress overly interested in absolutes. Here we get the sense that the inhuman, silence, this type of killing, always killing, could not be matched by human-made, political dynamos. Or that if it comes to an equilibrium, a catastrophe is never too far from us to read with our heels. We are left to note that the forces of nature presuppose and permeate political systems, the more these systems obtain force, the more the system takes upon itself the proper name of nature that motivates its dissemination, albeit falsely. This note, that in an age of ecocide and technological captivity (sustainability and transparency) political regimes won’t grow our soul-learning ears any larger than our tongues, stands clear to us. The promise of technological desubjectification is here pushed aside. Regarding politics, Serres illustrates this fact: Where did this corpse come from? Who was it? Who killed it? I don’t know. I won’t try to find out. I refuse to get vengeance for it. And I only see Garonne. For our victims, today, are the rivers, too. Their waters have irrigated my life, enchanted my thought, invigorated my body; I’ve known them to be threatening, untamable, as dangerous as the sea when it rages. Yes, murderous. They decided to control their courses; dams, sometimes senseless, destroying sites and valleys, reduced entire populations to servile displacements; programs for the irrigation of thirsty farmland, often beneficial of course, completed their drying up.(22) Serres enters into his idea concerning the captivity of language from the natural into a world system: For thousands of years, we have been licking things with our tongues, covering and daubing them so as to appropriate things for ourselves. If language boils down to a convention, this convention took place between the speakers without consulting the thing named, become as a result the property of those who covered it in this way with their drawn or voiced productions. Malfeasance analyzes these acts of appropriation. Thus every inert object, every living thing as well, sleeps under the covers of signs, a little in the way that, today, a thousand posters shouting messages and ugly riots of color drown, with their filthy flood, the landscapes, or better, exclude them from perception because the meaning, almost nil, of this false language and these base images forms an irresistible source of attraction to our neurons and eyes. This appropriation covers the world’s beauty with ugliness. (38-39) Technological concealment coming to bear, we begin to get a sense of another commentary on the condition of sensing, driving home the necessity of a text dealing with such subject matter to be what its terms insist. Thus toward new openings: The new opening. As low beneath our feet as you like, the Biogea opens us to another space, high enough for us to be able to acquire a wisdom there, that of redeveloping this same place differently from our fathers, this place that’s still politically cut up by old hatreds, beneath the flood of tears and blood that we call history. Without this soft place, spiritually very old, but newly conceived in this way, without the juridical construction of a common good, opposed to our filthy ownership, I don’t see how our planet, hard, will survive. Hardness that depends on a softness, material belonging that depends on this temporary rented location (51). Serres enters into a summit on the content and the structure of his work. Archimedes is brought in with the concept of three volcanoes. Meaning fire, but as well earth, water, air. For it was Archimedes’ war machines that sought to lift the earth, thus bringing in the question of principles of science: “can a principle be invented while controlling its consequences?” (66-7). May the earth be put in a sentence, terminated by terminology, appellations, gone wild? By means of these element-dominating laws, this old physicist began to tear nature away from the ancient myths; by a strange return, today we’re plunging our successes back into the anxieties and terrors from which that ancient physics was born. Yes, our new history of science and technology is plunging, today, as though in a loop, into the fundamental human myths from which Empedocles’ first laws came. A major progression and a regression on the nether side of the origins. Consequently, the contemporary time requires that we try to return to that unity in which the principles of hate and love are at the same time human, living, inert and global. We will never attain a deontology of our knowledge and actions without thinking the subjective, the objective, the collective, and the cognitive all together simultaneously. Here, hate and love are the result of these four components.(71) Working then on the concept of fire-starting mirrors to the atomic annihilation of the Second War, Serres works into the subjectivity in question on the matter of rhythm—say rithmic— precisely at that point: Knowledge is changing today. The all-political is dying; the monarchy of the sciences said to be hard is coming to a close. The science of the things of the world will have to communicate just as much as the things of the world do, which do it much better than humans do, who don’t always want to do it. Let’s celebrate two changes this morning. The first one strikes a new blow to our narcissism. No, knowledge and the world don’t resemble our analytical enjoyments of refined cutting up, of endless debates and of exclusions full of hate. They, on the contrary, form a bloc and a sum, alliance and alloys. Uniting the fields of knowledge among themselves the way the things are connected among themselves, the second newness puts into place sets united by interlacing, webs and simplexes that combine with the things of the world, themselves combined, the combined knowledge that understands them.(130-1) Biogea closes on its opening flood thematic, approaching the initial telos of Genesis. Here the trees are brought into a position with atmosphere, the opaque abyssal reservoir, the tomb of the sun, sea in the polarity of the earthen heaven and hell. The poem of the earth then is silent but deadly, indeed, as funny as that phrase is, mainly a tomb gas. The meaning of the living and the non-meaning of things converge in the muteness of the world; this meaning and non-meaning plunge there and come out, the ultimate eddy. Mundus patet: through a fissure, through an opening, a fault, a cleft come noises, calls as small as these apertures. I’m listening, attentive, I’m translating, I’m advancing in the scaled-down meaning and science. Mundus patet: should the world open greatly, it will launch me into its silence. The totality remains silent. Knowledge expanded in elation. White origin of meaning, fountain of joy. (198) Final Remarks One test of a review is the long term trajectory the referee thinks the book will have. I see Serres’ text lending greatly into the vision of Biogea . In fact, in the vision of the novel inquiries of Stephen Jay Gould’s work there is something to be thought on the level of the individual and the species; namely, that humanity and its uniqueness is in its deferral, its thinking and naming, a thinking surrounded by silence that filters into everything, that pulls us through the world, the kinetic pulse we recognize, and all of that we cleave away in the base philosophical maxim of difference itself. Unique individuals are spatial creatures: we dwell, and we ought to get good at it. Yet this is an imaginative space that, if you are crazy enough to believe it, de-term-ine the conditions of its own terms. That is why we are not merely creating spaces on the acceleration of time, or so this ignoramus thinks, to accidentally transcend. Imagination already has this insatiable silence that we drink up and fail to manifest. Space is timeless. The imagination itself, shared by humans for themselves, their objects, and the species as a whole, is a non-defined space of relation; a whole human trajectory as part of nature, and part of worlds that are the other side of thinking nature, the consequence of it, at least our attempt to do so. Our survival is based on our deliberation, our caution, our natural deconstructive sense toward this silence that is already part of the song, sung, singing of this century without end. Good books will let us inhabit this space and recognize a form of life. Serres’ text moves toward dwelling, as noted, in masterful and accessible ways. The pitched battles are the falling replays of anemic and dead politics. As soon as we realize there is humanity, we may be able to enjoy the end of it, our inhuman capability of listening to silence. NOTES 1. See Michel Serres. The Parasite . Minneapolis: University of Minnesota Press. 2007. 2. Wallace Stevens, “Imagination as Value” [ca. 1945], in Collected Poetry and Prose . New York: The Library of America. 1997. 724-39. 3. Jean-François Lyotard. The Inhuman: Reflections on Time . Trans. Geoffrey Bennington & Rachel Bowlby. Stanford, CA: Stanford University Press. 1992. 4. See the introduction: Quentin Melliassoux. After Finitude: An Essay on the Necessity of Contingency . Trans. Ray Brassier. New York: Continuum. 2008. EDITOR'S NOTE: This review was updated on August 8, 2012. Substantial edits include block quotes from the book under review as well as the inclusion of comments from the author. (shrink)