Page:The New International Encyclopædia 1st ed. v. 01.djvu/776

APPEAL. In parliamentary law, appeal denotes the pro- ceeding by which a member tests the correctness of a ruling of the presiding officer by calling for a vote of the meeting thereon. See. APPEAR'ANCE. (For derivation, see Apparent.) A term used in its most general meaning to signify what is presented in consciousness. It is that of which consciousness is cognizant as an object distinct from itself. For instance, in a perception I may have of a piece of money, its yellowness, its weight, its hard- ness, are all appearances to me. Now, the fact that appearance is always related to conscious- ness raises a metaphysical problem: namely. Is there anything more ultimate, more real, than appearance? And, if so. are the yellowness, the weight, the hardness, and other appearances of the coin really a revelation of what the coin is in its deepest nature, or are they merely the form in which that ultimate nature, whatever it may be, is disguised when it comes into my consciousness? Bifl'erent schools of philosophy liave given dif- ferent answers to these questions, but a careful examination of the answers shows that they are all determined by the view taken of the nature, of reality.

( 1 ) Assume that there is a reality different from appearance, that what a thing really is. is what it is in absolute independence of all its relations; assume that "we must everj'where dis- tinguish between the intrinsic being of a thing and its relations," adding that knowledge is al- ways a relation, and it becomes clear that the reality of the thing, its intrinsic being, need not be revealed in the appearance it presents to con- sciousness. In fact, the question arises whether appearances must not be always deceptive. An affirmative answer to this question is the funda- mental tenet of dogmatic skepticism (q.v. ) and of critical philosophy (see Kant). A suspense of judgment on the problem is the attitude of the ancient Skeptics. A negative answer given without giving a reason for it, is the attitude of dogmatism. A negative answer can be justified only by showing how consciousness can be in a cognitive relation with reality without truly transforming reality from what it is in its ulti- mate character. This is what some conceive to be the problem set by the science of epistemology, or theory of knowledge. See Knowledge, Theory OF.

(2) .-Assume we do not and cannot know whether there is a reality distinct from appearance, but that at least we have the conception of its pos- sibility; and the result of this confession is a critical skepticism.

(.3) Assume that there is no reality apart from appearance, and we have on the one hand Positivism (q.v.), ami on the other the idealistic systems of philosophy.

Thus the attitude taken toward appearance may form the basis for one of the most conve- nient classifications of the different systems of philosophy.

Consult; Bradley, Appearance and Reality (London. 1807); Royce. Conrrption of God (New York, 1898), and The H'ofW and the Individual (New York, 1000); Lotz. Sj/stem der I'hilo.iophie (Leipzig, 1884); translated by Bosanquct. 2 vols. (Oxford, 1888); Hegel, Encjiclopiidir der pliiloaophischen lissrnxclinftrn ini Irrnndri.ise (Heidelberg, ■18.'?0). in part translated into Eng- lish by Vallace_. under the titles, Hegel's Logic (Oxford, 1892-94) and Hegel's Philosophy of Mind (Oxford, 1894). APPEARANCE. The legal proceeding by which a defendant brings himself, or is brought, into court, and made subject to its jurisdiction. In modern judicial procedure the actual presence of the defendant is, in civil cases, dispensed with, a written "appearance" being entered in lieu thereof, though in criminal proceedings, espe- cially in cases of felony, actual presence is still generally necessary in order to give the proceed- ings regularity. In neither case, however, is ap- pearance necessary to give the court jurisdiction of the person of the defendant, that being effected by the service of the process whereby the action is instituted. The usual method of mak- ing appearance is for the party to plead, i.e., put in his answer or defense, though it may be done formally, by serving upon the opposing party a regular notice of appearance, or, informally, by any act whereby the jurisdiction of the court is recognized, as by demanding or submitting to a preliminary examination. In civil cases, appear- ance is usually by attorney. See Action; Answer: Pleading; Procedure. APPEND'ANT RIGHTS (Lat. ad, to + pendcre. to hang). In English law, certain common rights in the land of another (such as common of pasture) which have existed from time immemorial, and which are historically appurte- nant to the land of the person claiming the right. They differ from appurtenant rights in that the latter, though also connected with the land of the claimant, may be of modern origin and maj- be acquired by ordinary prescription (q.v.) or by grant: whereas appendant riglits are invariably ancient and cannot be created at the pleasure of the parties. For this reason, the number of such rights is limited and cannot be enlarged. They are probably survivals of community rig'its in common lands, which have persisted notwith- standing the inclosure of such lands and their appropriation by private owners. See Appurtf- nance; E..sement; Profit a Prendre; and Real Property. APPEN'DICI'TIS. See Vebmifoem ApPE.XDIX. APPEN'DIX VER'MIFOR'MIS. See Vermiform Appendix. APPENZELL, ii'pen-tscl (anciently, Lat. Ahbatis Celhi. abbot's cell). A northeastern canton of Switzerland (.Map: Switzerland, D 1), encircled by the Canton of Saint Gall, and divided into the denii-cantons of Ausserrhoden and Innerrhoden. Situated among the Alps, the region is noted for its scenic beauty; in altitude it ranges from 1.300 feet, its lowest elevation, to 8215 feet in Sentis. Other prominent points are Heiden, Wildkirchili, Saint Anthony's Cliapel, Ebenalp, and the Hone Kasten. The Sitter, a trilmtary of the Thur, is the chief river. ' The mountainous character of the surface precludes agriculture on a large* scale; but it has rich pastures, and cattle-breeding and dairy-farming are important pursuits, especially in Innerrhoden. which has an area of 61 square miles (population, in 1900, 13,499). Ausserrhoden. with an area of 101 square miles (population, in 1900, 55,281), is noted for its cotton and silk manufactures. Each division has an independent local government, with representation in the Federal Parliament. The local division took place after the religious wars of 1597 —