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2 n d ed itio n
Encyclopedia of
Philosophy
ABBAGNANO – BYZANTINE PHILOSOPHY
1 volume
2 n d ed it io n
Encyclopedia of
Philosophy
DONALD M. BORCHERT
Editor in Chief
Encyclopedia of Philosophy, Second Edition
Donald M. Borchert, Editor in Chief
© 2006 Thomson Gale, a part of the Thomson For permission to use material from this Since this page cannot legibly accommo-
Corporation. product, submit your request via Web at date all copyright notices, the acknowledg-
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ALL RIGHTS RESERVED of the publisher will be corrected in future
No part of this work covered by the copyright editions.
hereon may be reproduced or used in any
form or by any means—graphic, electronic, or
mechanical, including photocopying, record-
ing, taping, Web distribution, or information
storage retrieval systems—without the written
permission of the publisher.
B51.E53 2005
103–dc22
2005018573
JEFFREY C. KING
BARRY LOEWER
Professor of Philosophy, Department of Philosophy,
Professor of Philosophy, Department of Philosophy,
University of Southern California
Rutgers University
OLIVER N. LEAMAN
DOUGLAS MACLEAN
Professor of Philosophy, Department of Philosophy,
Professor of Philosophy, Department of Philosophy, University of Kentucky
University of North Carolina, Chapel Hill
VLADIMIR MARCHENKOV
ERNEST SOSA Assistant Professor of Aesthetics, School of
Romeo Elton Professor of Natural Theology and Professor Interdisciplinary Arts, Ohio University
of Philosophy, Department of Philosophy, Brown
THOMAS NENON
University; Distinguished Visiting Professor, Rutgers
Professor of Philosophy, Department of Philosophy,
University
University of Memphis
MICHAEL TOOLEY
KARL H. POTTER
Professor of Philosophy, Department of Philosophy, Emeritus Professor of Philosophy, Department of
University of Colorado at Boulder Philosophy, University of Washington
SUSAN WOLF PHILIP QUINN
Edna J. Koury Professor of Philosophy, Department of Professor of Philosophy, Department of Philosophy,
Philosophy, University of North Carolina, Chapel Hill University of Notre Dame
editorial board
ENCYCLOPEDIA OF PHILOSOPHY
VI • 2nd edition
contents
volume 1
PREFACE TO 2ND EDITION
INTRODUCTION TO 1ST EDITION
LIST OF CONTRIBUTORS
LIST OF ARTICLES
ENCYCLOPEDIA OF
PHILOSOPHY
2nd edition
Abbagnano–Byzantine Philosophy
volume 2
Cabanis–Destutt de Tracy
volume 3
Determinables–Fuzzy Logic
volume 4
Gadamer–Just War Theory
volume 5
Kabbalah–Marxist Philosophy
volume 6
Masaryk–Nussbaum
volume 7
Oakeshott–Presupposition
volume 8
Price–Sextus Empiricus
volume 9
Shaftesbury–Zubiri
volume 10
APPENDIX: ADDITIONAL ARTICLES
THEMATIC OUTLINE
BIBLIOGRAPHIES
INDEX
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition
editorial and
production staff
d i r e c t o r, n e w p r o d u c t d e v e l o p m e n t bibliographic researcher
Hélène Potter Michael Farmer
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • IX
preface to the
second edition
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XI
preface to the second edition
Editorial Board Formation From the very beginning, our project’s goal was not
Upon accepting the role of editor in chief for the Second to replace the First Edition and the Supplement but to
Edition, I immediately turned to three of my former edi- build the Second Edition on the foundation of their out-
torial colleagues—Jaegwon Kim, Michael Tooley, and standing scholarly work. Accordingly, the task set before
Ernest Sosa—and invited them to become the core of a each editor was to analyze all the entries in the First Edi-
new Board of Associate Editors that would assist me in tion and the Supplement that were pertinent to his or her
planning the new edition. The guidance provided by domain in order to determine which entries should be
these three colleagues has been astute, seasoned, and truly retained “as is” in the Second Edition with perhaps only a
indispensable from the early planning stages until the day bibliographical update, which entries should be retained
of publication. With their assistance we were able to but needed an updating addendum, and which entries
recruit Don Garrett, Barry Loewer, Doug MacLean, and should be replaced by entirely new ones. In addition, all
Susan Wolf to join the Board of Associate Editors. Then editors were given the opportunity to commission
we constituted a Board of Consulting Editors that would entirely new entries in their subfields. Each editor also
add expertise in specific subfields of philosophy not had the responsibility to review and assess all new mate-
already covered by the specializations of the associate edi- rial appearing in his or her subfield. This generic descrip-
tors. The result was the impressive editorial team of dis- tion of the work of our subfield editors for the Second
tinguished philosophers listed below. Their areas of Edition masks all too easily the many hours of painstak-
editorial oversight are noted after their names. ing effort devoted to this project by these scholars.
In early autumn of 2004, regrettably, our editorial
The Board of Associate Editors
colleague Phil Quinn passed away after a brief struggle
Don Garrett—Modern Philosophy with esophageal cancer. Prior to his death, however, Phil
Jaegwon Kim—Philosophy of Mind had overseen his domain with an extraordinarily watch-
Barry Loewer—Philosophy of Science ful and skilled eye. He had analyzed in detail every entry
relating to the philosophy of religion in the First Edition
Doug MacLean—Ethics and Applied Ethics
and the Supplement, and sent me copious notes and
Ernest Sosa—Epistemology recommendations for either improving, retaining, or
Michael Tooley—Metaphysics replacing those entries. He also made specific recommen-
dations for new entries to be commissioned and wrote
Susan Wolf—Ethics and Applied Ethics
detailed scope descriptions for those entries. When his ill-
The Board of Consulting Editors ness forced him to withdraw from his teaching at the Uni-
Louise Antony—Feminist Philosophy versity of Notre Dame, he continued to work on the
Second Edition, which provided concrete purpose for the
John Burgess—Logic, Philosophy of Logic, Philoso- day at hand. Phil worked carefully, deliberately, and had
phy of Mathematics his eye on the prize of excellence. His fine work made it
Victor Caston—Ancient Philosophy, Medieval Phi- relatively easy for our colleague Charles Taliaferro to
losophy assume Phil’s responsibilities on the editorial team.
Richard P. Hayes—Buddhist Philosophy If the Second Edition continues the tradition of
Jeffrey King—Philosophy of Language excellence initiated by the First Edition, as I believe it will,
that accomplishment will be due in no small measure to
Oliver Leaman—Islamic Philosophy, Judaic Philoso-
the exceptionally high quality work provided by our edi-
phy
tors who, like Phil, have given of their time and talent to
Vladimir Marchenkov—Russian Philosophy enhance the work of philosophy.
Thomas Nenon—Continental Philosophy
Karl H. Potter—Indian Philosophy Development of the Second
Edition’s Content
Philip Quinn—Philosophy of Religion
Our strategy of building the Second Edition on the foun-
Jenefer Robinson—Aesthetics, Philosophy of Art
dation of the First Edition and the Supplement requires a
Kwong-loi Shun—Chinese Philosophy few additional comments.
James Sterba—Social and Political Philosophy Carefully and judiciously our editorial team selected
Charles Taliaferro—Philosophy of Religion those entries from the First Edition and the Supplement
ENCYCLOPEDIA OF PHILOSOPHY
XII • 2nd edition
preface to the second edition
that were so well done that they merited retention. To vir- We have modified and expanded the philosophical
tually all of these entries we added bibliographical inclusiveness of the First Edition in several ways. Both the
updates and to many of them we added substantive analytic and continental philosophical traditions are well
addenda. We prized these entries because, appearing represented in the new topics and new personal entries, as
together with the new entries, they enabled the reader to well as in the style of presentation offered by our authors.
view high quality philosophizing over the course of In addition, enhanced cultural diversity is evident in the
almost a half century thereby adding a measure of histor- major space we have provided for topics relating to Bud-
ical gravitas to our project. dhist philosophy, Chinese philosophy, Islamic philoso-
phy, and Indian philosophy. Because of space limitations
Notwithstanding our respect for the First Edition
a number of First Edition entries devoted to national
and the Supplement, we added 450 entries on new topics,
philosophies (such as American, British, and German)
and nearly 300 completely fresh and newly authored
were not retained. The major figures from those countries
treatments of important topics that were originally cov-
and their contributions to philosophy have, however,
ered within the First Edition or Supplement. The pres-
been included in the Second Edition via personal and
ence of all of this new material is a clear indication of the
topical entries. Importantly, we have retained and
vigorous and innovative philosophical activity that has
expanded the entries on Japanese philosophy, Latin
occurred within the discipline since the Encyclopedia
American philosophy, and Russian philosophy, and have
made its debut almost four decades ago. Entirely new
added entries on African philosophy and Korean philos-
subfields have appeared such as feminist philosophy, the
ophy.
philosophy of sex and love, and applied ethics. New
important topics in virtually every subfield have been To preserve and enhance the detailed record of philo-
explored ranging from artificial intelligence to animal sophical bibliographies, dictionaries, encyclopedias, and
rights. New scholars, whose distinctive contributions to journals contained in the First Edition entries devoted
the discipline needed description in substantive personal exclusively to these topics, we moved these articles to the
entries, have appeared on the philosophical landscape. last volume of the Second Edition and increased substan-
Among such individuals are Karl-Otto Apel, Mohammed tially the space that had been allocated to them in the
Arkoun, Nancy Cartwright, Daniel Dennett, Fred Dretske, First Edition. The very large number of new philosophi-
Ronald Dworkin, John Earman, Hassan Hanafi, Virginia cal bibliographies, dictionaries, encyclopedias, and jour-
Held, Julia Kristeva, Jacques Lacan, John McDowell, nals that have been published in a multitude of languages
Ruth Millikan, Richard Montague, Thomas Nagel, Seyyed during the last half century testifies not only to the vital-
Hossein Nasr, Martha Nussbaum, Derek Parfit, Hilary ity of philosophy but also to the increasing cultural diver-
Putnam, Peter Singer, Gregory Vlastos, Richard sity on its landscape.
Wollheim, and many, many more.
A Few Final Points
We also added updates to 90 articles, with those
updates provided by their original authors. Additionally, Several additional features of our editorial practices are
150 scholarly updates to existing articles have been important to note. In retaining entries from the First Edi-
included by means of “addenda,” with each addendum tion, we have studiously avoided changing the text of
compiled by an author other than the original writer, thus those entries in the interest of preserving the philosophi-
allowing for a fresh perspective that augments discussion cal and authorial integrity of those entries. Some of the
of the topic at hand. Approximately 430 of the almost authors, however, of those First Edition entries were
1,200 classic First Edition or Supplement articles that available and wished to revise their entries. We, of course,
appear in the Second Edition have been strengthened fur- welcomed their modifications. On some occasions, with-
ther by the inclusion of new bibliographic citations. Clas- out compromising the integrity of an entry, we made
sic articles from the First Edition and Supplement are some minor changes in the retained First Edition entries,
clearly identifiable via specific dates in the author bylines such as inserting the year of death in the biographical
that follow each article. Author bylines followed by part of a personal entry.
“(1967)” indicate that the article originally appeared in The entries in the Second Edition vary in readability
the First Edition, while bylines followed by “(1996)” indi- level. Many entries will be readily accessible to the general
cate first publication within the Supplement. The designa- public. Others will require some familiarity with the spe-
tion “(2005)” denotes first publication within the Second cialized vocabulary of philosophers. Still other entries
Edition. will presuppose some acquaintance with logic. All the
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XIII
preface to the second edition
entries, it would be safe to say, require the kind of careful work on the Encyclopedia without the standard professo-
reading that is customary in the humanities and that rial demands on my time.
helps to fashion liberally educated persons. Also, I wish to note with appreciation the role played
A good number of entries—such as those dealing by LinDa L. Grams, the Administrative Assistant in the
with ancient, Buddhist, Chinese, Islamic, Judaic, and Philosophy Department at the University of Notre Dame,
Russian philosophies—use non-English language words who graciously served as a conduit of communication
that required transliteration and the use of diacritical between Phil Quinn and me during his all too brief serv-
marks. In our transliterations and use of diacritical marks ice as the editor overseeing the philosophy of religion.
we have tried to follow the standard practice adopted by In addition, there are four groups of people to whom
the contemporary leading scholars and the leading jour- all of us who use the Second Edition owe an expression of
nals in the particular subfield to which the entry belongs. appreciation. The first group is the staff of Macmillan
The bibliographies that accompany the entries are Reference and Thomson Gale. Frank Menchaca, Execu-
selective rather than exhaustive. They provide the refer- tive Vice President and Publisher, gave the support and
ences to the works of the scholars cited in the text of an encouragement of upper management to the Second Edi-
entry. The bibliographical entries in the tenth volume, tion to ensure that it would go to press in 2005 and that
however, which provide a record of philosophical bibli- it would continue the tradition of excellence that has
ographies, dictionaries, encyclopedias, and journals, are been the hallmark of the reference works published by
much more extensive but are not exhaustive. Macmillan through the years. Hélène Potter, Director of
Volume 10 fulfills at least three important purposes. New Product Development, aided by her associates in the
First, it houses the Appendix, which enabled us to include New York office, initiated the project and ever so adroitly
in the Encyclopedia a number of entries that, for a num- assisted the editorial team to plan the structure and con-
ber of reasons, did not move through the editorial process tent of the new edition, and to operationalize those plans
in time to be included in the main alphabetical arrange- in each editor’s domain of oversight. The five-person edi-
ment of the entries. For example, a few of our contribu- torial team at Macmillan in Farmington Hills, Michigan,
tors encountered unexpected delays in completing their has exhibited seemingly untiring energy to bring the
entries because of illness, and a few needed extra time project to press at the targeted time. The core team con-
because of other demanding professional commitments. sisted of Carol Schwartz, Senior Editor and Project Man-
Second, it provided a discrete location where the three ager, who quarterbacked the team; Jane Malonis, Senior
lengthy comprehensive bibliographical entries on philo- Editor and Project Manager; Brad Morgan, Senior Editor;
sophical dictionaries and encyclopedias, journals, and Deirdre S. Blanchfield, Editor; and Lynn Koch, Associate
bibliographies could be bundled together so that they Editor. This editorial team demonstrated the capacity to
would not distract from the topical and personal entries multi-task with incredible patience, resilience, diplomacy,
listed alphabetically in the main body of the set. Third, it and creativeness under many stressful conditions.
contains the Index, a critical access tool for the book’s The second group to whom we owe words of grati-
readers. tude consists of the hundreds of scholars who have con-
tributed the multitude of articles that are the substance of
Special Acknowledgments the Second Edition. The extraordinarily fine entries that
As editor in chief of this large project I owe a debt of grat- constitute the Second Edition were prepared by scholars
itude to many people. I begin with my colleagues at Ohio with recognized expertise in the topics on which they
University. The members of the Philosophy Department have written. That fact should assure the reader that for-
were a reservoir of philosophical expertise, good will, and ays into the new edition of the Encyclopedia will prove to
seasoned professional advice. The Philosophy Depart- be always educationally valuable. We are deeply grateful
ment’s Administrative Assistant, Penny Schall, helped to for the intellectual heft that these distinguished authors
lighten my tasks, especially with her computer skills. have contributed to the Second Edition.
Michael Farmer, the Head of Monographic Cataloging at The third group that merits our appreciation is one
Ohio University’s Alden Library, devoted many painstak- that is almost invisible. I refer to the friends and families
ing hours to updating the bibliographies of scores of First of our contributors who stood by patiently waiting for
Edition entries being retained in the Second Edition. The our contributors to complete their commitments to our
College of Arts and Sciences provided me a professional project. Their patience is appreciated. The important
leave at a crucial juncture in the project so that I could contribution to learning that will be made by the new
ENCYCLOPEDIA OF PHILOSOPHY
XIV • 2nd edition
preface to the second edition
Second Edition will ensure that the patience of these if, in their judgment, the entry at hand should be
friends and family members will not have been in vain. approved as is, if the entry needed revision, or if the entry
The fourth and final group that deserves apprecia- should be rejected. As I reviewed the editors’ assessments,
tion is the team of associate and consulting editors who I marveled at how often editors would characterize the
served on the Encyclopedia’s board. They are all very busy, entries as “superb” or “excellent” or “outstanding,” and I
very talented, and very distinguished philosophers. I am could almost feel the editor’s delight as those words were
amazed and delighted that they were able to find the time written on the review sheets. Occasionally, I even saw the
to do the tasks that Macmillan and I laid on them. I dare- words “the finest piece of this length on this topic that has
say, however, that they had a special reward accruing from yet been written.” Those words exuded the joy and intel-
the many hours they devoted to the project. Each of them lectual excitement which are truly the abiding rewards
was asked to assess the new entries in their subfields as that the editors, and hopefully all readers, will receive
those entries were submitted by the authors to Macmil- from this project.
lan. The editors were asked to indicate on a review sheet Donald M. Borchert, 2005
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XV
introduction to the
first edition, 1967
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XVII
introduction to the first edition, 1967
Reference works have a reputation, not altogether unde- the world, representing all shades of opinion. It is notori-
served, for being deadly dull. There are notable excep- ous that philosophy differs from the natural sciences in
tions to this rule, but by and large it is true that the having no body of generally accepted conclusions. There
articles in both general and specialized encyclopedias are are, for example, no answers to the problem of causation
written in the most colorless prose and shy away from or the mind-body problem which have the endorsement
controversial issues. The authors frequently adopt a pose of all competent students of the subjects; and the same is
of complete neutrality and Olympian superiority to the true of all or nearly all other philosophical problems.
conflicts of warring schools of thought, but in practice However, it is possible to provide an authoritative
this usually amounts to an endorsement of safe positions account of the nature of philosophical problems and of
and to neglect or even misrepresentation of radical the various attempts to answer them. As far as exposition
thinkers, especially if they are contemporaries. Whatever is concerned, the articles in the Encyclopedia are meant to
else may be said about it, we do not believe that the pres- be authoritative: although our contributors were free to
ent work will be condemned as either dull or timid. Rad- express their own opinions, this was never done at the
ical movements and thinkers are given their full due, and expense of providing the necessary information. To the
the most controversial contemporary issues are discussed attentive reader it will always be clear where a writer’s
at great length. Moreover, the authors of the relevant arti- exposition ends and the statement of his personal posi-
cles were free and welcome to express their own views tion begins.
and in some instances to propose new solutions. It should Something should perhaps be said at this stage about
be added that our contributors were not required to be the question of editorial bias, a subject on which there
serious and solemn at all costs, and some of our articles exists a great deal of confusion. It is important to distin-
are certain to offend those who believe that philosophy guish two very different varieties of bias. The first is what
and laughter are incompatible. As a consequence of our we may call “polemical” bias—the kind that is operative
approach, the present work may in some respects have a in political campaigns, in the lower forms of journalism,
greater resemblance to Dr. Johnson’s Dictionary and even and wherever fanatics of any kind discuss the views of
to Diderot’s Encyclopedia than to the uncontroversial ref- their opponents. The stock in trade of this kind of parti-
erence works to which the public has become accustomed sanship is familiar: where the writer does not resort to
in more recent times. deliberate forgery, he nevertheless frequently distorts his
I have no doubt that in years to come a number of opponent’s position by quoting out of context and in
the articles in the Encyclopedia will be regarded as origi- general by making him look as foolish as possible. Regret-
nal contributions to philosophy. This comment refers in tably, philosophers, including some very great ones, have
particular to articles which deal with controversial philo- not been above employing such weapons, but in this
Encyclopedia the use of such techniques has not been
sophical issues, but many of our historical articles also
allowed. There is, however, another kind of bias which
embody original research and in some instances treat
cannot be totally eliminated. No matter how fair and
topics which have not previously been the subject of
equitable an editor may try to be, his personal views and
thorough scholarly investigations. We have also made it a
commitments are bound to affect the organization of the
special point to rescue from obscurity unjustly neglected
work, the space allotted to different subjects, and the cri-
figures, and in such cases, where the reader would find it
teria employed in judging the quality of contributions. If
almost impossible to obtain reliable information in stan-
this kind of bias cannot be eliminated, its influence can at
dard histories or in general encyclopedias, we have been
least be restricted, and it also can and should be openly
particularly generous in our space allotments. In addi-
acknowledged. One method that was used to limit the
tion, the reader will find a number of articles on unex-
influence of editorial opinions was to assign articles,
pected subjects—such as “Greek Drama,” “If,” “Nothing,”
wherever possible, to authors who were to some consid-
and “Popular Arguments for the Existence of God”—that
erable extent sympathetic to the theory or the figure they
we considered sufficiently intriguing to be given individ-
were to discuss. This rule was adhered to in most, though
ual attention.
not in all, cases. It was not applied when there was a seri-
In the attempt to make the articles interesting, we did ous conflict with other criteria which were also relevant
not, however, lose sight of the basic goal of any reference to the selection of contributors. If, for example, an author
work—to supply information in a clear and authoritative was in our opinion far superior to all other available writ-
fashion. We have been fortunate in obtaining the collab- ers in such qualifications as intellectual incisiveness and
oration of a large number of the foremost philosophers in capacity for clear statement, he was chosen even if his
ENCYCLOPEDIA OF PHILOSOPHY
XVIII • 2nd edition
introduction to the first edition, 1967
sympathies for the subject of the article were limited. This covered in various of our survey articles on the history of
happened in a few cases, but for the most part we suc- philosophy in different countries, in the articles on philo-
ceeded in finding contributors who met all of our crite- sophical schools and movements, and sometimes also in
ria. those dealing with the history of the branches of philoso-
It would, nevertheless, be idle to pretend that this phy. Nevertheless, there are some regrettable gaps, and we
Encyclopedia is free from bias and that my own ideologi- can only plead that if one works with over 500 contribu-
cal commitments have not significantly influenced its tors living in every corner of the globe, it is almost impos-
content. Like the majority of my closest advisers, I have sible that all one’s plans should materialize.
been raised in the empirical and analytic tradition of One of the most difficult problems confronting the
Anglo-Saxon philosophy. There can be no doubt that if editor of any reference work is that of avoiding duplica-
the Encyclopedia had been edited by a follower of Hegel or tion without destroying the sense and continuity of indi-
by a phenomenologist, assuming him to make every vidual articles. To be sure, not all duplication is
effort to be fair and equitable to other viewpoints, it undesirable, especially in a subject in which there is so
would have looked very different. The topics chosen for much disagreement as in philosophy; and in the present
separate articles would not have been the same, the space work we have not tried to prevent discussions of the same
allotments would probably have been appreciably differ- topic in different contexts and from different viewpoints.
ent, and there would undoubtedly have been a signifi- To give one example, Zeno’s paradoxes are discussed in
cantly different list of contributors. I doubt that an editor the article bearing the philosopher’s name and in the arti-
with such a background would have featured such articles cle “Infinity in Mathematics and Logic.” The former arti-
as “Any and All,” “Paradigm-case Argument,” and “Proper cle critically analyzes the paradoxes considered in the
Names and Descriptions,” to give just a few illustrations, wider context of Greek thought, while in the latter the
or that he would have devoted the same space to logic or paradoxes are examined in order to cast light on prob-
to the philosophy of language. I am not here concerned lems concerning mathematical infinity. We have done our
with arguing that what we have done is right and that best, however, to avoid all duplication that would not
what other editors, with different commitments, would serve a useful purpose. To achieve this end, it was neces-
have done is wrong. I merely wish to remind the reader sary to be extremely flexible in the relative space provi-
that in producing an encyclopedia one has to make a vast sions for various articles. It seemed unwise, for example,
number of decisions and that one is not in the fortunate to have a lengthy review of the theories of Husserl once in
position of copying a pre-existing heavenly original. The the article bearing his name and then again in the article
decisions may be more or less justifiable, but in the last on phenomenology. In this particular instance we
resort they always reflect the beliefs and sympathies of the decided to feature a short article under “Husserl” but a
editors. very long one under “Phenomenology.” This need for
We are presenting more than 900 articles on individ- flexibility in order to use the available space to maximum
ual thinkers, and any responsible editor, no matter what advantage will account for many apparent disproportions
his viewpoint, would have decided to include articles on in our space allotments. The articles on Marx and Engels,
the great majority of these. On the other hand, some fig- to give another illustration, are quite brief—much briefer
ures have been omitted who, in the opinion of competent than those on thinkers who have been far less influential;
judges, have as good a claim to a separate article as some but this does not mean that Marxism has been neglected
of those now included. We may as well here and now offer in the Encyclopedia. For, in addition to the biographical
our apologies to all whose lists would have been different articles on Marx and Engels (and other Marxist thinkers),
and who find that their favorites do not receive adequate the Encyclopedia contains the very comprehensive articles
attention. Some of these omissions can fairly be blamed “Dialectical Materialism,” “Historical Materialism,” and
on editorial judgment, but others are the result of acci- “Marxist Philosophy,” as well as several shorter pieces, in
dental circumstances. For a number of relatively minor all of which the theories of Marx and Engels are dis-
figures even the most diligent search failed to locate a cussed. Our very elaborate index, prepared by a staff of
contributor who could write an authoritative and read- specialists, and our system of cross references have made
able article. In such cases it was decided that the space it possible to avoid a good deal of duplication.
could be put to better use. Fortunately, these omissions The Encyclopedia is primarily the creation of the con-
are very few, and the ideas of most of the philosophers tributors, and I wish here to record our gratitude to the
about whom we should have had separate articles are many fine scholars who have given so much of their time
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XIX
introduction to the first edition, 1967
and energy to this enterprise. A certain type of reader short time by such a small group of people. Ann Trabulsi
drawn to philosophy is not happy unless he finds a plen- had the very difficult task of coordinating the work of
tiful supply of obscure and high-flown phraseology. Such contributors, editors, copy editors, and the production
readers will be disappointed by the present work. Those, staff. Her admirable calm and self-possession resolved
on the other hand, who prefer simple and unpretentious many a potentially explosive situation, while her tact and
language will (we hope) find our Encyclopedia to their lik- firmness worked wonders with even the most reluctant
ing. Nothing can make philosophy into an easy subject, contributors. Philip Cummings, Donald Levy, Sandra
but by taking very great pains it is possible to offer a lucid Litt, and Margaret Miner were the four full-time editors.
presentation even of extremely difficult and abstruse Their high standards of scholarship and accuracy, their
philosophical theories. If the majority of our articles are fine feeling for language, and their unfailing good sense
entirely intelligible to most educated readers, this is due again and again evoked admiring comments and expres-
to the special care taken by our contributors. sions of gratitude from our contributors. Their enthusi-
asm and their delightful and contagious sense of humor
It should also be mentioned that although we were,
made my own share of the work not only less burden-
unfortunately, compelled to reject a number of articles,
some but frequently a great deal of fun. Dr. Albert Blum-
this in no way reflects on their quality. Many of them were
berg joined the editorial staff on a part-time basis early in
excellent studies and were excluded only for reasons per-
1964. It is largely owing to his rich knowledge and
taining to problems of space, duplication of material, or
painstaking labors that our articles on logic and founda-
other technical considerations. The understanding and
tions of mathematics are, as we believe, of an exceedingly
patience of all contributors as well as of all whose articles
high quality. Alix Shulman assisted us during the last year
could not be used is greatly appreciated.
in dealing with various tricky editorial problems, and we
We are also very much indebted to the members of are most grateful to her for the excellence of her work. Dr.
the editorial board, whose advice was constantly sought Murray Greene and Sheila Meyer worked for extended
and always readily given. They aided us in a great many periods in the very onerous position of managing editor,
ways at all stages—they helped in mapping out the table and to both of them I wish to express my appreciation of
of contents, in locating suitable contributors, and in eval- their valuable contributions. I should also like to thank
uating manuscripts. When in the spring and summer of Mr. Sidney Solomon, who designed the Encyclopedia and
1965 some absolutely indispensable articles had not who was involved in the project from the beginning, for
arrived, it was chiefly through the intervention of mem- giving valuable advice and assistance on many occasions.
bers of the editorial board that outstanding scholars Finally, we are all indebted to our editorial secretary,
agreed to write the missing articles within the space of a Eunice Dean, whose careful management of our vast and
few months. We would like to thank the following con- complicated records and correspondence has been an
tributors for coming to our rescue at the last moment: indispensable aid to the production of the Encyclopedia.
William P. Alston, Stephen Barker, Thomas G. Bergin,
I have left to the last obligations of a more personal
George Boas, Vernon J. Bourke, Wing-tsit Chan, Arthur
nature. Four of my own articles—“Atheism,”“Life, Mean-
C. Danto, Phillip H. De Lacy, Ronald Grimsley, Philip P.
ing and Value of,” “‘My Death,’” and “Why” were written
Hallie, Peter L. Heath, John Hick, Paul O. Kristeller, Hugh
during the academic year 1964/1985 while I held a John
R. MacCallum, James E. McClellan, Alasdair Maclntyre,
Simon Guggenheim Foundation Research Fellowship.
John Macquarrie, F. S. Northedge, Robert G. Olson, John
The award of this fellowship made it possible for me to
Passmore, Bede Rundle, Colin Smith, W. H. Walsh, and
take a leave of absence from my teaching duties, and I
Edward Wasiolek. We are particularly grateful to Profes-
wish to thank the Guggenheim Memorial Foundation for
sor G. B. Kerferd for writing the article on Aristotle at
its generous aid. I should also like to thank the following
incredibly short notice. That our extremely detailed and
friends and colleagues for reading one or more of my own
exhaustive article on the history of logic was completed in articles and for offering criticism and suggestions:
time is in large measure due to the tireless efforts of Pro- Reuben Abel, F. M. Barnard, Sandra Bartky, Miliç Capek,
fessor A. N. Prior, who was wonderfully helpful in a great Gertrude Ezorsky, Antony Flew, Peter Heath, Martin
many other ways as well. Lean, Ruth Barcan Marcus, C. Douglas McGee, Sidney
It would be impossible to praise too highly the per- Morgenbesser, Mary Mothersill, Ernest Nagel, Andrew
formance of the members of the editorial staff. The best Oldenquist, Robert Olson, Richard Popkin, Bertrand
testimony to their skill and devotion is the fact that a Russell, J. B. Schneewind, Elmer Sprague, and Carl Well-
work of this scope could be completed in a relatively man. In connection with the difficult article about Wil-
ENCYCLOPEDIA OF PHILOSOPHY
XX • 2nd edition
introduction to the first edition, 1967
helm Reich I am especially grateful for advice and com- deeply grateful for his unfailing encouragement and
ments to Mr. A. S. Neill, Drs. Allan Cott and Ola Raknes moral support ever since I began to edit the Encyclopedia.
(all of whom knew Reich well), and to Sir Karl Popper, In spite of his many obligations he always found time to
Alasdair Maclntyre, Sidney Hook, and Michael Scriven. listen to our problems and to offer suggestions based on
Needless to say, none of those who kindly helped me with his immense erudition and his acquaintance with schol-
my articles is responsible for any of the views expressed in ars in the most diverse fields.
them. To my dear friend and teacher, Ernest Nagel, I am Paul Edwards, Brooklyn College, March 1966
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXI
list of contributors
Contributors to the encyclopedia are listed below in alphabetic order followed by their
academic affiliations and the article(s) they contributed. Articles reprinted from the first
edition and supplement are indicated respectively by (1967) or (1996) following the arti-
cle name. Affiliations provided for the authors of these articles were their 1967 or 1996
affiliations. New or updated articles are indicated by (2005) and include the current
affiliation for the author.
ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXIII
list of contributors
ENCYCLOPEDIA OF PHILOSOPHY
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ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXV
list of contributors
Australia (1967)
George Boas
CORD OVERO , MOSES BEN JACOB
NUMBER (2005) Professor Emeritus of the History of
(1967)
Philosophy, Johns Hopkins
Robert Bird HICKOK , LAURENS PERSEUS
(1967) University
Assistant Professor, Slavic B ONALD , LOUIS GABRIEL
IBN ZADDIK , JOSEPH BEN JACOB
Languages and Literatures, AMBROISE , VICOMTE DE (1967)
(1967)
University of Chicago BURTHO GGE , RICHARD (1967)
ISRAELI , ISAAC BEN SOLOMON
IVANOV, VIACHESLAV I VANOVICH CHATEAUBRIAND , FRANÇOIS RENÉ
(2005) (1967)
DE (1967)
ROZANOV, VASILII VASIL’ EVICH JAMES , HENRY (1967)
COUSIN , VICTOR (1967)
[ ADDENDUM ] (2005) KABBALAH (1967)
DESTUT T DE TRACY, ANTOINE
MATHER , COT TON (1967) LOUIS CLAUDE , COMTE (1967)
Robert Bishop MUQAMMI S , DAVID BEN MERWAN JOUFFROY, THÉOD ORE SIMON
Lecturer, Faculty of Philosophy, AL - (1967) (1967)
University of Oxford PORTER , NOAH (1967) LAMENNAIS , HUGUES FÉLICITÉ
DETERMINISM AND SELLARS , ROY WO OD (1967) ROBERT DE (1967)
INDETERMINISM (2005) WAYLAND , FRANCIS (1967) LAROMIGUIÈRE , PIERRE (1967)
ENCYCLOPEDIA OF PHILOSOPHY
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ENCYCLOPEDIA OF PHILOSOPHY
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ENCYCLOPEDIA OF PHILOSOPHY
XXVIII • 2nd edition
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ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXIX
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ENCYCLOPEDIA OF PHILOSOPHY
XXX • 2nd edition
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ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXXI
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ENCYCLOPEDIA OF PHILOSOPHY
XXXII • 2nd edition
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ENCYCLOPEDIA OF PHILOSOPHY
2nd edition • XXXIII
Exploring the Variety of Random
Documents with Different Content
the delay which had taken place in the discovery of the murder by
him to the police, he was taken into custody. The examinations
which were made by the police in the course of the ensuing day or
two, however, satisfactorily proved that Capriani was in no wise
implicated in the horrid affair, and he was discharged ; but soon
afterwards Gould, and a man and his wife, named John and Mary
Ann Jarvis, were apprehended. The evidence which was discoAcred
in reference to these persons soon demonstrated the innocence of
the man Jarvis, and he was set at liberty ; and subsequently,
although a close intimacy was proved to exist between Gould and
Mrs. Jarvis, it was found that no such proofs remained against the
latter as to induce a probable belief of her guilt, and she too was
discharged from custody. Gould, in the meantime, underwent many
examinations at HattonGarden police office, upon the charge of
being concerned in the murder, the utmost interest and excitement
being occasioned by the mystery connected with its committal. The
case came on to be tried before Mr. Baron Alderson, at the Central
Criminal Court, on Tuesday, the 14th of April, ISIr. Chudwick Jones
appearing as counsel for the pro.secution, and Mr. Chambers
conducting the defense of the prisoner. Witnesses were examined as
to the facts which have been already detailed ; and other persons
were produced, from whose testimony it appeared that the prisoner
for some time before the murder had
No. 123. IV. PROOF OF HUMAN ACT. B. 3. PLAN 249 lodged
in the house of a Mrs. Allen, who lived in Pocock's-fields, near the
cottage of the deceased. The most important facts proved against
him were, that previous to the murder he had frequently declared to
many of his companions that he was greatly in want of money, and
that he had suggested to one of them, a potboy at the Duchess of
Kent public house in the Dover-road, that he knew an old man who
had got money, for that he had seen him flashing about a 50/. note ;
that he knew where to put his hand upon it in the drawer where it
was kept, and that it was "just like a gift" to him, and that he wished
he could get "a right one" to assist him in the robbery. Other
witnesses proved that he had expressed to them a desire to procure
"a screw" and "a darkey" (meaning a picklock key and a dark
lantern), to "serve" an old gentleman in a lonely cottage ; and the
concluding evidence was that of Mr. and Mrs. Allen, his landlord and
landlady, as to his conduct on the night of the murder, and of some
police officers, who proved the discovery of some money in the
rafters of the washhouse of Allen's cottage, corresponding in its
denominations with the silver which had been paid to Mr.
Templeman by his lodgers at Somers Town. Allen's evidence was as
follows ; " I live at Wilson's Cottage, Pocock'sfields, Islington. I know
the cottage in which the deceased lived. I have known the prisoner
about twelve months ; he has lodged at my house several times, and
he came to lodge there seven nights before this occurrence took
place. I remember the 16th of March ; and at that time, from
circumstances that occurred, I am confident that he had no money.
On that day the prisoner went out between eight and nine o'clock
without having any breakfast. He had on a pair of shoes which I sold
him, and they had nails in them. The prisoner wore them constantly.
He returned home about three o'clock in the morning, and he
immediately went into his room. My wife said to him, ' Richard, is it
early, or late ? ' and he replied, 'It is early.' The prisoner got up
between eight and nine o'clock the next morning, and came into my
sitting room, and passed through into the washhouse, which leads to
the privy. He stayed out from five and twenty minutes to half an
hour when he returned into the house and went out at the front
door. I did not observe anything unusual in his appearance. The
prisoner returned home about seven o'clock in the evening, and in
the meantime I had heard of the murder of Mr. Templeman, and I
told him of it. The prisoner said it was a shocking thing, and he
asked me if I considered Mr. Templeman could have done it himself.
I said, 'Richard, how can a man bind his own hands and eyes ? ' The
prisoner then appeared agitated, and said his inside was out of
order, and he went into the yard, and remained for a few minutes. ...
I asked him where he had been so late on the night before. He said
he had beea at the Rainbow, and had stopped there until twelve
o'clock at night,, and when he came out he met some friends, who
detained him. Before this time I had a piece of wood in my
possession, which was about a foot and a half long. The prisoner
went to bed about nine o'clock, and I bolted him in and gave
information to the police. He accounted to me for the possession of
the money by saying that it had been given to him by his relations."
Mrs. Allen's evidence was to the same effect ; but she proved in
addition, that a stocking in which the money was found concealed
belonged to the prisoner. Tiie evidence otherwise was of a very
general description, and although man}' expressions of a very
suspicious character were attributed to the prisoner by the
witnesses, none of them amounted to an admission by him of his
guilt. The jury, after
250 PART I. CIRCUMSTANTIAL EVIDENCE No. 124. having
received the customary charge from the learned Judge, returned a
verdict of acquittal. . . . But on the next day, he was surprised at
finding that he had again got into the custody of the police, a
warrant having been executed upon him, in which he was charged
with being a party to the robbery which had been committed in the
house of Mr. Templeman, on the night of the murder. He was carried
to London loudly complaining of the breach of good faith on the part
of Sergeant Otway, and on being conveyed to Bow-street, he
repeatedly expressed his willingness to disclose all he knew upon his
being liberated. This condition, however, was refused to be acceded
to, and in the hope of obtaining the reward, on the 11th of May he
made a statement [confessing to the murder]. ... He had already
been acquitted of the murder, and it was impossible that he should
be tried upon any fresh indictment upon that charge; but it still
remained open to the friends of the deceased to jirefer against him a
charge of burglary, sul)jecting him to a penalty of transportation for
life. Upon this latter charge he was indicted at the session of the
Central Criminal Court, on the 22d of June, and the same evidence
which had been before adduced having been again brought forward,
together with proof of those additional facts admitted in his own
confession, he was found "Guilty." Mr. Baron Parke, in addressing the
prisoner, declared that there could be no possible doubt that he had
been guilty of the murder of the unhappy deceased, and that he was
justly brought to punishment. He sentenced him to be transported
for life. 124. JONATHAN BRADFORD'S CASE. [Printed ante, as No. 5:
125. THE GREAT OYER OF Mitchell. Scioice and the Crimina In the
series of trials of the murder of Sir Thomas Overbury, in 1615, in the
Tower of London (to which reference has already been made), the
prisoners included Anne Turner, Richard \Yeston, Franklyn, Sir
Thomas Elwes (the Lieutenant of the Tower), and the Countess of
Somerset. It was alleged that the Coimtess of Somerset resented the
interference of Sir Thomas Overbury, then a prisoner in the Tower, in
her matrimonial schemes, or as Franklyn put it in his evidence : The
Countess had told him that Sir Thomas Overbury "would pry so far
into their affairs that it would overthrow them all." Richard Weston,
who had been an apothecary's man but had afterwards become
under keeper to the Lieutenant of the Tower, was arraigned on the
charge that "he did ol)tain at the Tower of London certain poison of
POISONING. (C /. 1911. p. 176.) Ainsworth green and yellow color,
called rosalgar (knowing the same to be deadly poison), and the
same did feloniously and maliciously mingle and compound in a kind
of broth which he did deliver to the said Sir T. Overbury with intent
to kill and poison." He was also accused of giving on other occasions
poisons called " white arsenic" and mercury sublimat^ which he "put
and mingled" in tarts and jellies. . . . Anne Turner, who was tried as
one of the accomplices, was the widow of a physician, and a friend
of the Countess. She pleaded "Not guilty" to the charge. The
evidence as to sorcery used by her has already been mentioned, but
the chief witness against her was James Franklyn, who made the
following confession : " Mrs. Turner came to me from the Countess
and wished me from her to get the
No. 127. IV. PROOF OF HUMAN ACT. B. 3. PLAN 251
strongest poison I could for Sir T. Overbury. Accordingly I bought
seven, viz. : Aqua fortis, white : arsenic, mercury, powder of diaI
monds, lapis costitus, great spiders, 1 and cantharides. All these
were given to Sir T. Overbury, and the Lieutenant knew of these
poisons. Sir T. Overbury never had salt but there was white arsenic
put into it. Once he desired pig, and / Mrs. Turner put into it lapis
costitus. At another time he had two partridges sent him from the
Court, and water and onions being the sauce, Mrs. Turner put in
cantharides instead of pepper, so that there was scarce anything
that he did eat, but there was some poison mixed. For these poisons
the Countess sent me reward. She afterwards wrote unto me to buy
her more poisons." It is obvious from this confession that the
poisons supplied had no power, and it would seem that Franklyn was
making income for himself by supplying harmless preparations for
the poisons for which he was being paid. As far as it is possible to
judge by reading the evidence, there was proof that attempts had
been made to poison Sir Thomas Overbury, but no proof that any
poison was ever given to him. However, the evidence appears to
have been quite sufficient to convict the prisoners. . . . After the
execution of Mrs. Turner and Weston came the trial of Franklyn, who
confessed that poison had not been the cause of Overbury's death.
Weldon, who, in 1755, published a history of the Kings of England,
describes how Franklyn and Weston "came into Overbury's chamber
and found him in infinite torment with the contention between the
state of nature and working of the poison, and it had been very like
that nature had got the better in that contention . . . but they,
fearing it might come to light by the judgment of physicians that foul
play had been offered him, consented to stifle him with bedclothes,
which accordingly was performed. And so ended his miserable life,
with the assurance of the conspirators that he died of poison, none
thinking otherwise but these two murtherers." The account given by
Weldon of the manner in which the Lord Chief Justice received this
confession is well worth quoting. . . . "Then was Franklyn arraigned,
who confessed that Overbury was smothered to death, not poisoned
to death, though he had poison given him. Here was Coke glad to
cast about to bring both ends together, Mrs. Turner and Weston
being already hanged for killing Overbury by poison. But he being
the very quintessence of the law, presently informed the jury that if
a man be done to death with pistol, poniard, sword, halter, poison,
etc., so he be done to death, the indictment holds good, if but
indicted for one of those ways. But the good lawyers of those times
were not of that opinion, but did believe that Mrs. Turner was
directly murthered by Lord Coke's law, as Overbury was, without any
law." 126. REGINA v. CLEAR Y. [Printed ante, as No. 61.] 127.
WILLIAM HABRON'S CASE. Appeal and Evidence. 1908. p. 293.) (N.
W. Sibley. Criminal William Habron, convicted at Manchester Autumn
Assize, in 1876, before Lindley, J. (now Lord Lindley), for the murder
of Police Constable Cock. It may be remembered that the fact which
cast a doubt upon the propriety of his conviction was the confession
of Peace, in February, 1879, when lying under sentence of death for
the murder of Mr. Dyson, at Bannercross. This led to a free pardon.
252 PART I. CIRCUMSTANTIAL EVIDENCE No. 12/ and
£1000 compensation being granted to Habron. ... It is common
ground that the conviction of Habron took place purely on
circumstantial evidence, and it was considered, at least at the time,
that the case was perhaps the most remarkable case on record of
circumstantial evidence. The facts as set forth in the Times in 1879
— it was noc reported in 1876 — are as follows : There were three
brothers, Frank, John, and William Habron, living together at
Chorlton, a village three miles from Manchester, in the employment
of Mr. Deakin, a nursery gardener. In July, 1876, summonses were
taken out against John and William Habron for disorderly conduct
and drunkenness by Police Constable Cock. After the summonses
were served the Habrons were heard to say that if the "Bobby"
caused them any troul)le, they would shoot him. At the hearing of
the summons, Police Constable Cock, immediately on leaving the
witness box, went to Mr. Bent, his superior officer, and a
superintendent, and stated that William Habron had said to him, " If
you get me fined, I will shoot you before the morning." This was on
August 1st. The case against John Habron was dismissed, but
William Habron was fined. The policeman was evidently laboring
under .some apprehensions ; but Mr. Bent, knowing that coarse and
vulgar threats were common enough among people of the condition
of life of the Habrons, took no notice of it at the moment ; but
towards the evening, on reflection, he thought there might l)e
something in it, and he intended next day to have given orders for
the men on that beat to go in couples. Here a very singular and
undoubted, fact has become known; Cock had to go on duty that
night at nine o'clock, and, as evening came on, he fell into a state of
extraordinary depression, and told his landlady (he being a single
man living at lodgings, having joined the police only a few months
before) that he was sure something would happen to him that night.
With a great effort he, however, conquered his depression and went
on his usual beat. He was on duty at Whalley Range, a district
composed entirely of mansions and villa residences, and a few
minutes before twelve o'clock he and Beauland, another constable,
were together at West Point, near the residence of a gentleman
named Gratrix. There they saw two men, one of whom was leaning
against a post. A third man whom they did not know, and whom
Peace claims to be, passed them. They did not know him. The
officers knew all the three Habrons, and therefore this third man
could not have been one of them. Beauland looked at this third man
as he passed and asked Cock who he was. Cock said he did not
know. Beauland then said he would follow him, and he went towards
Mr. Gratrix's house, towards which he had seen the man disappear,
and examined the place, but could see no traces of the man. He
thought from the sudden disappearance that it was young Mr. Gratrix
coming home. He turned back, and as he was turning he saw a flash
and heard a report, and almost instantaneously it was followed by
another flash and a report. The officer described them as following
each other just as quickly as one could pull the trigger of a revolver.
He heard Cock scream, "My God ! I am shot," and ran up to him and
found him lying on the footpath. He asked what was the matter, but
Cock could make no reply, as he lay writhing on the ground.
Beauland heard a man exclaim, "Here is another policeman!" and
then he heard footsteps running away. He whistled for assistance,
and some carters and their carts came up, together with a young
gentleman named Simpson, who had been talking with the two
No. 127. IV. PROOF OF HUMAN ACT. B. 3. PLAN 253 officers
only a minute or two before and heard the report of the two shots.
Cock expired an hour afterwards from a wound in the breast, ha\ing
been unable to make any statement. Information was at once given
to Superintendent Bent, whose house is about a mile away from the
scene of the murder. Instantly remembering what Cock told him of
the threat to shoot him, he took officers with him and surrounded
the cottage of the Habrons, which is about a quarter of a mile from
where Cock was shot. As the officers approached the cottage a light
was seen in one of the windows, but when they knocked at the door
the light was extinguished. The police broke into the cottage and
found the three brothers in bed. Mr. Bent ordered them to get up
and dress, and each to put on the clothes and boots he wore that
night. \Yhen the dressing was completed, without one word having
been said as to why the arrest was made, Mr. Bent said, "I charge
each of you with the murder of Police Constable Cock." Two of the
brothers made no reply, but Frank Habron said, " I was in bed at the
time." They were taken to Old Trafford Police Station, and IVIr. Bent
then took a posse of constables and formed a cordon round the spot
where the murder had been committed. When daylight appeared it
disclosed a number of footmarks at the place, one of which was very
peculiar. The boots of the Habrons were sent for, and it was found
beyond a shadow of doubt that one of those footmarks must have
been made by the boots of the prisoner William Habron. The bullet
which had killed Cock was found to be an ordinary revolver bullet,
and the police at once set out on a strict search for firearms, but
they were never able to find any. Some percussion caps were found
in the pockets of one of the brothers, but this was accounted for by
Mr. Deakin, who said that he had given the prisoner a waistcoat and
they might have })een in it when he had given it to him. It was
stated in the course of the investigation, however, that William went
to a gunsmith's in Oxford Street and inquired as to the price of
revolver cartridges. A box was shown to him, but he hesitated about
the price and went out, as he said, to see a person outside, who was
supposed to be his brother, and he did not return. It was found
afterwards that three bullets had been taken from the box, but here
another mysterious circumstance arose — namely, that those bullets
did not correspond in size with the one that killed the constable. On
this and other evidence William and John, Frank having been
dismissed by the magistrates, were committed for trial both before
the coroner's jury and the justices. The trial came on at Manchester
Assizes before Lindley, J., and the main defense set up was that at
the time the accused could not have been in Oxford Street, but were
really working at Chorlton, several miles away. On cross-
examination, however, the alibi failed utterly as regards the prisoner
William Habron, and after a long trial he was convicted and
sentenced to death. Much dissatisfaction was expressed with the
verdict, and a large number of people signed a petition for a
reprieve. . . . Peace's confession [that he was the real murderer] was
received with considerable incredulity in February three years
afterwards, and it seems to have been even believed that it was
merely made with a view to obtain a respite [from his sentence of
death for another murder]. The most serious criticism of his
confession was undoubtedly the remarkable fact that if he had run
away from the scene of the murder in the direction he represented
in his confession, he must have run into the arms of Beauland,
254 PART I. CIRCUMSTANTIAL EVIDENCE No. 128. Cock's
fellow constable. The former, however, stated he saw nobody
immediately after he heard the shots. A pistol has recently been
found, thirty-one years after the crime, thrown into a pit on the
scene of the Whalley Range murder, but in a direction opposite to
that in which Peace declared he fled. . . . The sequence of events
after the confession of Peace was that Mr. Cross, then Home
Secretary, stated in the House of Commons that he had felt it his
duty to advise the Crown to grant a free pardon to William Habron,
and that in this course he had entire concurrence of both the
learned judge who tried the case and also of the law officers of the
Crown. . . . 128. MADELEINE SMITH'S CASE. Evidence. Amer. ed.
1905. p. 300.) ' (W. Wills. Circumstantial In a case of the deepest
interest, in 1857, before the High Court of Justiciary at Edinburgh, a
question whether or not the prisoner had the opportunity of
administering arsenic to the deceased was the turning point of the
case. The prisoner, a young girl of nineteen, was tried upon an
indictment charging her, in accordance with the law of Scotland, with
the administration to the same person of arsenic, with intent to
murder, on two several occasions in the month of February, and with
his murder by the same means on the 22d of March following. She
had returned home from a boarding school in 1853, and in the
following year formed a clandestine connection with a foreigner of
inferior position, named L'Angelier, whose addresses had been
forbidden by her parents. Early in 1856 their intercourse assumed an
unlawful character, as was shown by her letters. In the month of
December following, another suitor appeared, whose addresses
w^ere accepted by her with the consent of her parents, and
arrangements were made for their marriage in June. During the
earlier part of this engagement, the prisoner kept up her interviews
and correspondence with L'Angelier ; but the correspondence
gradually became cooler, and she expressed to him her
determination to break off the connection, and implored him to
return her letters ; but this he refused to do, and declared that she
should marry no other person while he lived. After the failure of her
efforts to obtain the return of her letters, she resumed in her
correspondence her former tone of passionate affection, assuring
him that she would marry him and no one else, and denying that
there was any truth in the rumors of her connection with another.
She appointed a meeting on the night of the 19th of February, at her
father's house, where she was in the habit of receiving his visits,
after the family had retired to rest, telling him that she wished to
have back her "cool letters," apparently with the intention of
inducing him to believe that she remained constant in her
attachment to him. In the middle of the night after that interview, at
which he had taken coff'ee prepared by the prisoner, L'Angelier was
seized with alarming illness, the symptoms of which were similar to
those of poisoning by arsenic. There was no evidence that the
prisoner possessed arsenic at that time, but on the 21st she
purchased a large quantity, professedly for the purpose of poisoning
rats, an excuse for which there was no pretense. On the night of the
22d, L'Angelier again visited the prisoner, and about eleven o'clock
on the following day was seized with the same ahirming symptoms
as before ; and on this occa.sion also he had taken cocoa from the
hands of the prisoner. After this attack L'An' [For a citation of the full
roport of this trial, see Appendix.]
IV. PROOF OF HUMAN ACT. B. 3. PLAN 255 gelier continued
extremely ill, and was advised to go from home for the reco\ery of
his health. On the 6th of March the prisoner a second time bought
arsenic ; and on the same day she went with her family to the
Bridge of Allan (where she was visited by her accepted lover), and
remained till the 17th, when they returned to Glasgow. On the day
before her departure for the Bridge of Allan L'Angelier wrote a letter
to her. To this letter, the prisoner replied from the Bridge of Allan,
that . . . she would answer all his questions when they met, and
informed him of her expected return to Glasgow on the 17th of
March. L'Angelier, pursuant to medical advice, on the 10th of March
went to Edinburgh, leaving directions for the transmission of his
letters, and having become much better, left that place on the 19tli
for the Bridge of Allan. . . . A letter from the prisoner to L'Angelier
came to his lodgings on Saturday the 21st, from the date and
contents of which it appeared that she had written a letter
appointing to see him on the 19th ; he had not, however, received it
in time to enable him to keep her appointment. In that letter she
urged him to come to see her, and added, "I waited and waited for
you, but you came not. I shall wait again to-morrow night, same
time and arrangement." This letter was immediately transmitted to
L'Angelier, and in consequence he returned to his lodgings at
Glasgow about eight o'clock on the evening of Sunday the 22d, in
high spirits and improved health, having traveled a considerable
distance by railway, and walked fifteen miles. He left lijs lodgings
about nine o'clock, and was seen going leisurely in the direction of
the prisoner's house, and about twenty minutes past nine he called
at the house of an acquaintance who lived about four or five
minutes' walk from the prisoner's residence. After leaving his friend's
house, all trace of him was lost, until two o'clock in the morning,
when he was found at the door of his lodgings, unable to open the
latch, doubled up and speechless from pain and exhaustion, and
about eleven o'clock the same morning he died, from the eft'ects of
arsenic, of which an enormous quantity was found in his body. The
prisoner stated in her declaration that she had been in the habit of
using arsenic as a cosmetic, and denied that she had seen the
deceased on that eventful night; whether she had done so or not
was the all-momentous question. . . . As to the principal charge of
murder, his Lordship said, "Supposing you are quite satisfied that the
prisoner's letter brought L'Angelier again into Glasgow-, are you in a
situation to say, with satisfaction to your consciences, as an
inevitable and just result from this, that the prisoner and deceased
met that night ? — that is the point in the case. It is for you to say
whether it has been proved that L'Angelier was in the house that
night. . . . " If you think they met together that night, and he was
seized and taken ill, and died of arsenic, the symptoms beginning
shortly after the time he left her, it will be for you to say whether in
that case there is any doubt as to whose hand administered the
poison. . . . " And I say there is no doubt — but it is a matter for you
to consider — that after wTiting this letter he might expect she
would wait another night, and therefore it was very natural that he
should go to see her that Sunday night. " But this is an inference
only. . . . In drawing an inference, you must always look to the
important character of the inference which you are asked to draw. If
this had been an appointment about business, and you found that a
man came to Glasgow for the purpose of seeing another upon
business, and that he
256 PART I. CIRCUMSTANTIAL E\^DENCE No. 129. went
out for that purpose, having no other object in coming to Glasgow,
you would probably scout the notion of the person whom he had
gone to meet, saying, ' 1 never saw or heard of him that day ' ; but
here you are asked to draw the inference that they met upon that
night, where the fact of their meeting is the foundation of a charge
of murder. You must feel, therefore, that the drawing of an inference
in the ordinary matters of ci\il business, or in the actual intercourse
of mutual friends, is one thing, and the inference from the fact that
he came to Glasgow, that they did meet, and that, therefore, the
poison was administered to him by her at that time, is another, and
a most enormous jump in the category of inferences. Now, the
question for you to put to yourselves is this — Can you now, with
satisfaction to your own minds, come to the conclusion that they did
meet on that occasion, the result being, and the object of coming to
that conclusion being, to fix upon her the administration of the
arsenic by which he died ? . . . You maybe perfectly satisfied that
L'Angelier did not commit suicide ; and of course it is necessary for
you to be satisfied of that before you could find that anybody
administered arsenic to him. Probably none of you will think for a
moment that he went out that night and that, without seeing her,
and without knowing what she wanted to see him about, he
swallowed about 200 grains of arsenic in the street, and that he was
carrying it about with him. Probably you will discard such an idea
altogether, '. . . yet, on the other hand, keep in view that that will
not of itself establish that the prisoner administered the poison. . . .
"Therefore if you cannot say. We find here satisfactory evidence of
this meeting, and that the poison nmst have l)een administered by
her at a meeting — whatever may be your suspicion, however heavy
the weight and load of suspicion is against her, and however you
may have to struggle to get rid of it, you perform the best and
bounden duty as a jury to separate suspicion from truth, and to
proceed upon nothing that you do not find established iir evidence
against her." The jury returned, in conformity wuth the law of
Scotland, a verdict of not guilty on the first, and of not proven on
the second and third charges. On the supposition that the parties
met on the fatal evening in question, there could be but one
conclusion as to the guilt of the prisoner, the hypothesis of suicide
being considered by the learned Judge as out of the question, as it
obviously was. 129. O'BANNON v. VIGUS. [Printed post, as No. 383.]
Topic 4. Habit (Usage, Custom; 130. James Sully. The Human Mltid.
(1892. Vol. II, p. 224.) Habit is a product of acquisition. In this
respect it differs from instinct, with which otherwise it has much in
common. We say we do a thing from habit, e.g. nod back when a
person not recognized nods to us, when as a consequence of long
practice and frequent repetition the action has become in a measure
organized, and thus shorn of some of its original appanage of full
consciousness or attention. The characteristic note of habit is
mechanicality. In its most forcible manifestation habitual movement
approaches to a subconscious reflex, as in the case just referred to. .
. . It is thus evident
No. 130. IV. PROOF OF HUMAN ACT. B. 4. HABIT 257 that
in habit we have in a particular way to do with that lapse of the
intenser degrees of consciousness which accompanies an
approximation of nervous structures to a state of perfect adjustment
to the environment. The oft-repeated action becomes habitual and
so automatic because the nervous centers engaged have taken on
special modifications, have, according to the customary physiological
figure, become "seamed" by special lines of discharge. The perfect
fixation of a habit appears to liberate the highest cortical centers
from all but the slightest measure of cooperation in the process, the
greater part of the central work (transmission of a definite kind of
afferent excitation into a definite path of motor discharge) being
now carried out by help of stably fixed arrangements in subordinate
centers. . . . The on-coming of habit is shown by two principal
criteria. First of all, repetition of movement tends to remove all
sense of effort and to render the movement easy. ... In the second
place, habit involves and manifests itself in a consolidation of the
processes of association involved. One of the most familiar
characteristics of habit is prompt succession of a movement on the
recurrence of the idea of a desired object. Here the intermediate
idea of the movement itself is repressed or skipped. . . . A further
and more striking result of this fixing of associative connection, is
the coordination of particular sense presentations with appropriate
motor-responses. This is illustrated in the recurring movements of
everyday life, as taking out a latchkey on approaching one's door.
Where this process is complete there lapses not only the initiative
idea of the movement, but even the idea of procurable object. Thus
when a man automatically winds up his watch on taking it out of his
pocket during the operation of dressing for dinner, the action seems
to be wanting in all ideational initiation. . . . Habit and Chains of
Movement. As we saw when dealing with the process of association,
series of movements tend by repetition to grow consolidated, so that
each step calls up the succeeding ones without a distinct
intervention of consciousness. Simple examples of this are to be
found in the series of movements involved in walking, dressing, and
undressing, in playing a piece of music from memory, reciting a
familiar poem, and so forth. Such chains of movement approximate
in their lack of clear consciousness, their mechanical regularity, and
promptness of succession to the motor sequences in breathing, and
other primarily automatic movements. . . . What differentiates such
habitual chains from primarily automatic successions is the initial
volitional impulse. I must consciously and voluntarily start the
walking, the dressing, and so forth. But the start is all, so far as
volition is concerned. The succession then takes care of itself, and,
what is more, is carried out better for the non-intervention of
attention. . . . Degrees of Habitual Coordination. It follows from our
general definition of the principle, that habit shows itself in very
unlike degrees of strength. The process of organic attachment is
more or less complete in the case of different movements. We may
now glance at these differences in the strength of habit, and seek to
determine their conditions. We may estimate the prompting force of
habit in more ways than one. The obvious index to its influence is
lapse of physical initiation as seen in the swiftness of the motor
response. All the popular examples of habit, as the story of the
victimized soldier who dropped his dinner at the word "Attention !'"
258 PART I. CIRCUMSTANTIAL EVIDENCE No. 131. shouted
by some practical jokers, illustrate this feature. The swifter the
response to a particular sense stimulus, the more of force of habit is
there indicated. Another criterion is specialty or precision of
response. . . . The soldier's loss of his dinner was due to the
unerring precision of the habitual reaction, the swift dropping of the
arms into the \-ertical line on the recurrence of the customary
signal. The stronger the habit, the more definite or exact will be the
response. Another measure of strength of habit closely connected
with the preceding is uniformity, or unfailingness of response
whenever the proper stimulus occurs. This criterion, together with
speciality or definiteness, gives to habit its unvarying and
monotonous character, its resemblance to the actions of a machine,
and to those lower nervous reflexes which come nearest to
mechanical actions. Lastly, the strength of a habit is directly
measurable in terms of the difficulty of modifying it by special
volitional effort. Half -formed habits can l)e easily altered ; wholly
formed, only by dint of extraordinary volitional effort. Employing
such criteria, we can draw up a scale of habitual movement. . . . The
main conditions on which these varying degrees of habit depend
appear to be the following: (1) The amount of time and attention
given to the particular movement or combination of movements so
as to make it our own. Since habit is superinduced on a volitional
process, it is evident that the action must first be perfectly acquired
through a conscious process of acquisition. (2) The frequency with
which the particular stimulus has been followed by the particular
movement. This condition, repetition, or frequency of performance,
is the great determinate of strength of habit. (3) The unbroken
uniformity of past responses. By this is meant that a particular
stimulus »S should have always been followed by a particular motor
reaction M, not sometimes followed, at other times not, or followed
by another sort of movement, as M'. This condition evidently goes to
determine the degree of unfailingness, as also of specialization in the
habit. Thus, children who are sometimes required to do a certain
thing by their parents, but now and again allowed to intermit the
action, never acquire perfect habits. 131. Hans Gross. Criminal
Psychology. (1911. transl. Kallen, § 28, 'p. 158.) We have j^et to ask
whkt is meant by " rule " and what its relation is to probability.
Scientifically "rule" means law subjectively taken, and is of equal
significance with the guiding line for one's own conduct, whence it
follows that there are only rules of art and morality, but no rules of
nature. Usage does not imply this interpretation. We say that as a
rule it hails only in the daytime ; by way of exception, in the night
also ; the rule for the appearance of whales indicates that they live
in the Arctic Ocean ; a general rule indicates that bodies that are
especially soluble in water should dissolve more easily in warm than
in cold water, but salt dissolves equally well in both. Again we say :
As a rule the murderer is an unpunished criminal ; it is a rule that
the brawler is no thief and rice versa; the gambler is as a rule a man
of parts, etc. We may say, therefore, that regularity is equivalent to
customary recurrence and that whatever serves as rule may be
expected as probable. If, i.e. it be said, that this or that happens as
a rule, we may suppose that it will repeat itself this time. It is not
permissible to expect more. But it frequently happens that we
mistake rules
No. 133. IV. PROOF OF HUMAN ACT. B. 4. HABIT 259
permitting exceptions for natural laws permitting none. This occurs
frequently when we have lost ourselves in the regular occurrences
for which we are ourselves responsible and suppose that because
things have been seen a dozen times they must always appear in
the same way. It happens especially often when we have heard
some phenomenon described in other sciences as frequent and
regular and then consider it to be a law of nature. In the latter case
we have probably not heard the whole story, nor heard general
validity assigned to it. Or, again, the whole matter has long since
altered. . . . This, therefore, should warn against too much
confidence in things that are called "rules." False usage and
comfortable dependence upon a rule have very frequently led us too
far. 132. John H. Wigmore. Principles of Judicial Proof. (1913.) ^ Of
the probative value of a person's habit oi* custom, as showing the
doing on a specific occasion of the act which is the subject of the
habit or custom, there can be no doubt. Every day's experience and
reasoning make it clear enough. ^There is, however, much room for
difference of opinion in concrete cases, owing chiefly to the
indefiniteness of the notion of habit or custom. If we conceive it as
involving an invariable regularity of action, there can be no doubt
that this fixed sequence of acts tends strongly to show the
occurrence of a given instance. But in the ordinary affairs of life a
habit or custom seldom has such an invariable regularity. Hence, it is
easy to see why in a given instance something that may be loosely
called habit or custom should receive little weight, because it may
not in fact have sufficient regularity to make it probable that it would
be carried out in every instance or in most instances. Whether or not
such sufficient regularity exists must depend largely on the
circumstances of each case. In civil cases, a habit or custom or
usage is of particularly frequent use evidentially. Whether it involves
the conduct of an individual or of a specific group of persons, or of
an indefinite and anonymous group of persons, the principle is the
same. But the larger and more indefinite the group, the less likely is
it to discover such regularity as gives great probative value to the
course of conduct. The less the regularity, the greater the number of
hypotheses which (on the principle of Explanation) can be availed of
to weaken the inference. in occasional aspects, habit is the real basis
of the inference when resort is had to general experience of human
nature without adducing express proof of the habit, e.g. if a man is
seen going from the train station to his office without a hat, we infer
that he had possessed it when entering the train, because of the
known custom of persons in general to wear a hat in going to work ;
thus, our final inference that he lost it on the way, either by theft in
the train or by putting his head out of the window, follows a
preliminary inference based on habit or custom. 133. TWICHELL'S
CASE. (Francis. L. Wellman. The Art of Cross-examination. 1908. p.
146.) A very striking instance of the pecially in relation to events
hapeffect of habit on the memory, es- pening in moments of intense
ex1 [Adapted from the same author's Treatise on Evidence. (1905.
Vol. I, §§ 92-99, in part.)]
200 PART I. CIRCUMSTANTIAL EVIDENCE No. 134
cltement, was afforded by the trial of a man by the name of Twichcll,
'vho was justly convicted in Phili^delphia some years ago, although
by erroneous testimony. In order to obtain possession of some of his
wife's property which she always wore concealed in her clothing,
Twichell, in great need of funds, nuu'dered his wife by hitting her on
the head with a slung shot. He then took her body to the yard of the
house in which they were living, bent a poker, and covered it with
his wife's blood, so that it would be accepted as the instrument that
inflicted the blow, and having unbolted the gate leading to the
street, left it ajar, and went to bed. In the morning, when the
servant arose, she stumbled over the dead body of her mistress, and
in great terror she rushed through the gate, into the street, and
summoned the police. The servant had always been /h the habit of
unbolting this gate the first thing each morning, and she swore on
the trial that she had done the same thing upon the morning of the
murder. There was no other way the house could have been entered
from without excepting through this gate. The servant's testimony
was, therefore, conclusive that the nnu'der had been committed by
some one from within the house, and Twichell was the only other
person in the house. After the conviction Twichell confessed his guilt
to his lawyer, and explained to him how careful he had been to pull
back the bolt and leave the gate ajar for the very purpose of
diverting suspicion from himself. The servant in her excitment had
failed either to notice that the bolt was drawn or that the gate was
open, and in recalling tne circumstance later she had allowed her
usual daily experience a,hd habit of pulling back the bolt to become
incorporated into her recollection of this particular morning. It was
this piece of fallacious testimony thai really convicted the prisoner.
134. HETHERINGTONy.KEMP. (1815. NisiPpius. 4Campb. 192.) This
was an action on a bill of exchange; and the only question was,
whether the defendant had received notice of its dishonor. The
plaintiff proved, that on the 14th of November, the day after it came
due, he wrote a letter addressed to the defendant, stating that it
had been dishonored ; that this letter was put down on a table,
where, according to the usage of his countinghouse, letters for the
post were always deposited ; and that a porter carries them from
thence to the post office. But the porter was not called, and there
was no evidence as to what had become of the letter after it was put
down upon the table. A notice to produce the letter had been served
upon the defendant. Taddy, for the plaintiff, contended that this was
good prima facie evidence that the letter had been sent by the post.
Lord Ellenborough. — You must go farther. Some evidence must be
given that the letter was taken from the table in the countingroom,
and put into the post office. Had you called the porter, and he had
said that although he had no recollection of the letter in ciuestion,
he invariably carried to the post office all the letters found upon the
table, this might have done ; but I cannot hold this general evidence
of the course of business in the plaintift''s countinghouse to l)e
sufficient. A letter was tiien put in from the defendant, in which he
acknowledges the receipt of a letter from the plaintiff" of the 14th of
Noveml)er, without referring to its contents ; and Lord Ellenborough
said he would presume this was the letter to inform him of the
dishonor of the bill. The plaintiff" had a verdict.
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