22 ideas
| 5988 | Anaximander produced the first philosophy book (and maybe the first book) [Anaximander, by Bodnár] |
| Full Idea: Anaximander was the first to produce a philosophical book (later conventionally titled 'On Nature'), if not the first to produce a book at all. | |
| From: report of Anaximander (fragments/reports [c.570 BCE]) by István Bodnár - Anaximander | |
| A reaction: Wow! Presumably there were Egyptian 'books', but this still sounds like a stupendous claim to fame. |
| 1496 | The earth is stationary, because it is in the centre, and has no more reason to move one way than another [Anaximander, by Aristotle] |
| Full Idea: Something which is established in the centre and has equality in relation to the extremes has no more reason to move up than it has down or to the sides (so the earth is stationary) | |
| From: report of Anaximander (fragments/reports [c.570 BCE], A26) by Aristotle - On the Heavens 295b11 |
| 14874 | Anaximander saw the contradiction in the world - that its own qualities destroy it [Anaximander, by Nietzsche] |
| Full Idea: Anaximander discovers the contradictory character of our world: it perishes from its own qualities. | |
| From: report of Anaximander (fragments/reports [c.570 BCE]) by Friedrich Nietzsche - Unpublished Notebooks 1872-74 19 [239] | |
| A reaction: A lovely gloss on Anaximander, though I am not sure that I understand what Nietzsche means. |
| 2713 | Are sense-data independent, with identity, substance and location? [Tye] |
| Full Idea: Can sense-data exist unsensed? Can two persons experience numerically identical sense-data? Do sense-data have surfaces which are not sensed? What are sense-data made of? Are they located? | |
| From: Michael Tye (Adverbial Theory [1995], p.7) |
| 23529 | Conduct is not isolated from its effect on the moral code [Hart,HLA] |
| Full Idea: We must not view conduct in isolation from its effect on the moral code. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], II 'Moderate') | |
| A reaction: The moral code may be excessively conservative, but there is no denying this point. Extreme individualistic libertarians must recognise that 'no man is an island'. |
| 23530 | The great danger of democracy is that the oppression of the minority becomes unobjectionable [Hart,HLA] |
| Full Idea: For Mill and De Tocqueville the greatest of the dangers was not that in fact the majority might use their power to oppress a minority, but that, with the spread of democratic ideas, it might come to be thought unobjectionable that they should do so. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], III 'Populism') | |
| A reaction: This was vivid in the 2016 Brexit referendum, which was 52-48 in favour of leaving. There were lots voices saying 'you lost, get over it'. It should be a basic (if neglected) principle that the winners of elections now represent the whole population. |
| 23522 | In an organised society all actions have some effect on other people [Hart,HLA] |
| Full Idea: In an organised society it is impossible to identify classes of actions which harm no one, or no one but the individual who does them. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], I 'Enforcement') | |
| A reaction: This is attributed to 'some critics' of Mill. I agree with this. The idea that actions performed behind close doors never come to influence social life is an illusion, held by people whose quest for freedom is selfish. |
| 23528 | The value of liberty allows freedom of action, even if that distresses other people [Hart,HLA] |
| Full Idea: Recognition of individual liberty as a value involves, as a minimum, acceptance of the principle that the individual may do what he wants, even if others are distressed when the learn what it is that he does. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], II 'Private') | |
| A reaction: He notes that there could be other reasons to block the freedom, such as harm done. This idea seems to identify a key component of liberalism - that we must all tolerate actions which we dislike. |
| 21004 | Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen] |
| Full Idea: Whereas Bentham saw rights as a 'child of law', Herbert Hart's view takes the form of seeing human rights as, in effect, 'parents of law'; they motivate specific legislations. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Amartya Sen - The Idea of Justice 17 'Ethics' | |
| A reaction: [He cites Hart 1955 'Are there any natural rights?'] I agree with Hart. It is clearer if the parents of law are not referred to as 'rights'. You can demand a right, but it is only a right when it is awarded to you. |
| 20932 | Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J] |
| Full Idea: Hart says we have secondary legal 'rules of recognition', by which primary positive law is recognised and applied in a regulated manner. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Rules' | |
| A reaction: The example of the authority of a particular court is given. |
| 23523 | The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA] |
| Full Idea: The principle of legality requires criminal offences to be as precisely defined as possible, so that it can be known with reasonable certainty beforehand what acts are criminal and what are not. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], I 'Conspiracy') | |
| A reaction: Hart is discussing a breach of this, where moral judgements are used to condemn something which was not obviously illegal. Families and schools don't have such precise rules, but it seems needed in a vast and pluralistic society. |
| 23524 | Some private moral issues are no concern of the law [Hart,HLA] |
| Full Idea: An official report [of 1957] on homosexuality declared that 'there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law's business'. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], I 'Conspiracy') | |
| A reaction: We might wonder whether these issues are actually moral, if the law is not interested in them. Are they just a matter of taste? The law doesn't enforce a preference for Mozart over Salieri. |
| 23521 | Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA] |
| Full Idea: Four questions: 1) Has the development of law been influenced by morals? 2) Must reference to morality enter into an adequate definition of law or legal system? 3) Is law open to moral criticism? 4) Does immorality justify legal punishment? | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], I 'Enforcement') | |
| A reaction: [compressed] Three nice questions, which are his agenda for the book. It is obvious that immoral laws can be created, and that laws can be criticised for being too concerned with morality, so there is no clear general answer to these dilemmas. |
| 23525 | Is the enforcement of morality morally justifiable? [Hart,HLA] |
| Full Idea: The question about morality and the law is also a question of morality - of whether the enforcement of morality is morally justified. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], I 'Positive') | |
| A reaction: This is a very nice meta-moral question. What moral standards are used to justify the enforcement of moral standards? Presumably there should be no contradiction between the levels, to brutally enforce softness, or softly recommend brutality? |
| 23526 | Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA] |
| Full Idea: English and American law still [in1963] contain rules which suppress practices condemned as immoral by positive morality though they involve nothing that would be ordinarily thought of as harm to other persons. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], II 'Use') | |
| A reaction: He says most of the examples of this concern sexual practices. In the UK we have moved away from such laws, but many states of the USA still maintain them (or are reintroducing them, in 2023). |
| 20931 | Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J] |
| Full Idea: Hart replaced Austin's concept of positive law as sovereign command with a more democratic ideal. In modern law-based societies the authority of law depends on the people's acceptance of a law's enduring validity. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Hart' | |
| A reaction: Presumably the ancestor of this view is the social contract of Hobbes and Locke. |
| 23527 | Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA] |
| Full Idea: Leslie Stephen argued that when the question is how severely an offender should be punished, an estimate of the degree of moral wickedness involved in the crime is always relevant. | |
| From: H.L.A. Hart (Law,Liberty and Morality [1963], II 'Moral') | |
| A reaction: [Stephen 'Liberty, Equality, Fraternity' 1873] The degree of responsibility (after excuses etc.) is obviously also highly relevant. If vicious murder is punished more harshly, that seems to be an assessment of the character of the murderer. |
| 13222 | The Boundless cannot exist on its own, and must have something contrary to it [Aristotle on Anaximander] |
| Full Idea: Those thinkers are in error who postulate ...a single matter, for this cannot exist without some 'perceptible contrariety': this Boundless, which they identify with the 'original real', must be either light or heavy, either hot or cold. | |
| From: comment on Anaximander (fragments/reports [c.570 BCE]) by Aristotle - Coming-to-be and Passing-away (Gen/Corr) 329a10 | |
| A reaction: A dubious objection, I would say. If there has to be a contrasting cold thing to any hot thing, what happens when the cold thing is removed? |
| 404 | Things begin and end in the Unlimited, and are balanced over time according to justice [Anaximander] |
| Full Idea: The non-limited is the original material of existing things; their source is also that to which they return after destruction, according to necessity; they give justice and make reparation to each other for injustice, according to the arrangement of Time. | |
| From: Anaximander (fragments/reports [c.570 BCE], B1), quoted by Simplicius - On Aristotle's 'Physics' 24.13- | |
| A reaction: Simplicius is quoting Theophrastus |
| 1495 | Anaximander introduced the idea that the first principle and element of things was the Boundless [Anaximander, by Simplicius] |
| Full Idea: Anaximander said that the first principle and element of existing things was the boundless; it was he who originally introduced this name for the first principle. | |
| From: report of Anaximander (fragments/reports [c.570 BCE], A09) by Simplicius - On Aristotle's 'Physics' 9.24.14- | |
| A reaction: Simplicius is quoting Theophrastus |
| 405 | The essential nature, whatever it is, of the non-limited is everlasting and ageless [Anaximander] |
| Full Idea: The essential nature, whatever it is, of the non-limited is everlasting and ageless. | |
| From: Anaximander (fragments/reports [c.570 BCE], B2), quoted by (who?) - where? |
| 1746 | The parts of all things are susceptible to change, but the whole is unchangeable [Anaximander, by Diog. Laertius] |
| Full Idea: The parts of all things are susceptible to change, but the whole is unchangeable. | |
| From: report of Anaximander (fragments/reports [c.570 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 02.An.2 |