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The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

From the system of legal proofs to the free evaluation of the evidence

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Ronnie Bloemberg

This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.

Empiriomonism

Essays in Philosophy, Books 1–3

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Alexander Aleksandrovich Bogdanov

Edited by David Rowley

Empiriomonism is Alexander Bogdanov’s monistic philosophy of being and cognition, which he believed is consistent with both modern science and Marxism. In Books One and Two of Empiriomonism, Bogdanov begins with Ernst Mach’s and Richard Avenarius’s neutral monism – the idea that the ‘physical’ and the ‘psychical’ are two sides of one reality – and explains how human psyches are causally interconnected with the rest of nature. In Book Three, he shows how empiriomonism substantiates the principles of historical materialism more adequately than G. V. Plekhanov’s out-dated materialism. Bogdanov concludes that empiriomonism, although not technically materialist, is nevertheless of the same order as materialist systems and, since it is the ideology of the productive forces of society, it is a Marxist philosophy.

Edited by Philip MacEwen

Idealist Alternatives to Materialist Philosophies of Science (ed. Philip MacEwen) makes the case that there are other, and arguably better, ways of understanding science than materialism. Philosophical idealism leads the list of challengers but critical realism and various forms of pluralism are fully articulated as well. To ensure that the incumbent is adequately represented, the volume includes a major defence of materialism/naturalism from Anaxagoras to the present. Contributors include Leslie Armour, John D. Norton, and Fred Wilson with a Foreword by Nicholas Rescher. For anyone interested in whether materialism has a monopoly on science, this volume presents a good case for materialism but a better one for its alternatives.

Medieval Perceptual Puzzles

Theories of Sense Perception in the 13th and 14th Centuries

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Edited by Elena Băltuță

Medieval Perceptual Puzzles: Theories of Sense Perception in the 13th and 14th Centuries is an anthology of texts offering an in-depth analysis of Latin medieval theories of sense-perception. The volume offers historical and systematic treatments of themes and questions that have shaped the medieval accounts of sense-perception. How do we perceive? What do we perceive? Who perceives? The contributors address such questions to medieval thinkers, including Albert the Great, Roger Bacon, William of Auvergne, Thomas Aquinas, Duns Scotus, John Peckham, Richard Rufus, Peter Olivi, Robert Kilwardby, John Buridan, and Jean of Jandun.
Contributors are Elena Băltuță, Daniel De Haan, Martin Klein, Andrew LaZella, Lukáš Lička, Mattia Mantovani, André Martin, Dominik Perler, Paolo Rubini, José Filipe Silva, Juhana Toivanen, and Rega Wood.

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Jerry H. Gill

Words, Deeds, Bodies by Jerry H. Gill concentrates on the interrelationships between speech, accomplishing tasks, and human embodiment. Ludwig Wittgenstein, J. L. Austin, Maurice Merleau-Ponty, and Michael Polanyi have all highlighted these relationships. This book examines the, as yet, unexplored connections between these authors’ philosophies of language. It focuses on the relationships between their respective key ideas: Wittgenstein’s notion of “language game,” Austin’s concept of “performative utterances,” Merleau-Ponty’s idea of “slackening the threads,” and Polanyi's understanding of “tacit knowing,” noting the similarities and differences between and amongst them.

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Laura Rediehs

Quakerism (the Religious Society of Friends) emerged in the seventeenth century, during a time when philosophical debates about the nature of knowledge led to the emergence of modern science. The Quakers, inconversation with early modern philosophers, developed a distinctive epistemology rooted in their concept of the Light Within: a special internal sense giving access to divine insight. The Light Within provided illumination both to properly understand the Bible and to ‘read’ the Book of Nature. In , L. Rediehs argues that Quaker epistemology can be thought of as an expanded experiential empiricism, integrating ethical and religious knowledge with scientific knowledge. This epistemology has carried through in Quaker thought to the present day and can help address today’s epistemological crisis. This work will be of great interest to both philosophers interested in the epistemological implications of Quaker thought, and scholars of Quaker Studies interested in connecting Quaker thought to philosophical historical epistemology.

Plato’s Timaeus and the Missing Fourth Guest

Finding the Harmony of the Spheres

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Donna M. Altimari Adler

In Plato's Timaeus and the Missing Fourth Guest, Donna M. Altimari Adler proposes a new Timaeus scale structure. She finds the harmonic cosmos in Plato's text, mathematically, regarding it as a number generator. Plato's primary number sequence, she argues, yields a matrix defining a sophisticated harmony of the spheres. She stresses the Decad as the pattern governing both human perception and the generation of all things, in the text, including the World Soul and musical scale symbolizing it. She precisely identifies Plato's "fabric" and its locus of severance and solves other thorny problems of interpretation, e.g., properly naming the sets of three and four bands, born of splitting the band of difference, and explaining their differing motions and speeds.

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Edited by Esmaeil Zeiny

In The Rest Write Back: Discourse and Decolonization, Esmaeil Zeiny brings together a collection of essays that interrogate the colonial legacies, the contemporary power structure and the geopolitics of knowledge production. The scholars in this collection illustrate how the writing-back paradigm engages in a conversation and paves the way for a “dialogical and pluri-versal” world where the Rest is no longer excluded. Among the important features of this book is that it presents ways for “decoloniality” and “epistemic disobedience.” This book will be of interest to scholars and students of all Social Science and Humanities disciplines but it is particularly important for those in the disciplines of sociology, postcolonial studies, cultural studies, literature, and theory and philosophy of Social Sciences and Humanities.

Contributors include: Dustin J. Byrd, Ciarunji Chesaina, Hiba Ghanem, Mladjo Ivanovic, Masumi Hashimoto Odari, Arjuna Parakrama, JM. Persánch, Andrew Ridgeway, Rudolf J. Siebert, and Esmaeil Zeiny.

Ad vivum?

Visual Materials and the Vocabulary of Life-Likeness in Europe before 1800

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Edited by Thomas Balfe, Joanna Woodall and Claus Zittel

The term ad vivum and its cognates al vivo, au vif, nach dem Leben and naer het leven have been applied since the thirteenth century to depictions designated as from, to or after (the) life. This book explores the issues raised by this vocabulary and related terminology with reference to visual materials produced and used in Europe before 1800, including portraiture, botanical, zoological, medical and topographical images, images of novel and newly discovered phenomena, and likenesses created through direct contact with the object being depicted. The designation ad vivum was not restricted to depictions made directly after the living model, and was often used to advertise the claim of an image to be a faithful likeness or a bearer of reliable information. Viewed as an assertion of accuracy or truth, ad vivum raises a number of fundamental questions in the area of early modern epistemology – questions about the value and prestige of visual and/or physical contiguity between image and original, about the kinds of information which were thought important and dependably transmissible in material form, and about the roles of the artist in that transmission. The recent interest of historians of early modern art in how value and meaning are produced and reproduced by visual materials which do not conform to the definition of art as unique invention, and of historians of science and of art in the visualisation of knowledge, has placed the questions surrounding ad vivum at the centre of their common concerns.

Contributors: Thomas Balfe, José Beltrán, Carla Benzan, Eleanor Chan, Robert Felfe, Mechthild Fend, Sachiko Kusukawa, Pieter Martens, Richard Mulholland, Noa Turel, Joanna Woodall, and Daan Van Heesch.

A Philosophy of the Possible

Modalities in Thought and Culture

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Mikhail Epstein

In this book, Mikhail Epstein offers a systematic theory of modalities (the actual, possible, and necessary), as applied to the discourse of philosophy in its post-Kantian and especially post-Derridean perspectives. He relies on his own experience of living in the USSR and the US, dominated respectively by imperative and possibilist modalities. Possibilism assumes that a thing or event acquires meaning only in the context of its multiple possibilities, inviting counterfactual and conditional modes of description. The author focuses on the creative potentials of possibilistic thinking and its heuristic value. The book demonstrates the range of modal approaches to society, culture, ethics, and language, and outlines potentiology as a new philosophical discipline interacting with ontology and epistemology.