22 ideas
| 7544 | Many people imagine that to experience is to understand [Goethe] |
| Full Idea: There are many people who imagine that what they experience they also understand. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 889) | |
| A reaction: This should be posted over the arrivals gate of every international airport, for returning holiday-makers. It seems to place Goethe on the rationalist side of the debate with empiricism. It is hard to explain 'understanding' in Humean terms. |
| 7541 | Man never understands how anthropomorphic he is [Goethe] |
| Full Idea: Man never understands how anthropomorphic he is. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 203) | |
| A reaction: Nice. It is true, even when it is pointed out to us. No matter how hard we try to realise how very different animals are from us, we can't help identifying with them. Religious people even do it with inanimate creation. |
| 7543 | We gain self-knowledge through action, not thought - especially when doing our duty [Goethe] |
| Full Idea: How can we learn self-knowledge? Never by taking thought, but rather by action. Try to do your duty and you'll soon discover what you're like. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 442) | |
| A reaction: Good! I even like the unfashionable bit about duty. If you just do what you want, you will discover your interests, but not so much about your capacities. However, when you have to do something less comfortable, it is very revealing. |
| 7540 | Beauty is a manifestation of secret natural laws [Goethe] |
| Full Idea: Beauty is a manifestation of secret natural laws which without this appearance would have remained eternally hidden from us. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 183) | |
| A reaction: An interesting defence of beauty as an objective feature of the world. I'm not sure. Much beauty is indeed the result of growth or erosion expressing underlying laws, but then I have always thought there was a sexual component to visual beauty. |
| 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'. |
| 7538 | The happiest people link the beginning and end of life [Goethe] |
| Full Idea: The happiest man is one who can link the end of his life with its beginning. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 140) | |
| A reaction: [from 'Art and Antiquity']. A nice thought, which chimes in with the idea that a good life is like a complete story or a work of art (Idea 7501), or that it is 'eudaimon'. |
| 7542 | The best form of government teaches us to govern ourselves [Goethe] |
| Full Idea: You ask which form of government is the best? Whichever teaches us to govern ourselves. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 353) | |
| A reaction: Not a fashionable view, since the rise of freedom as the highest political ideal, but I identify with the idea that a good government should educate, and should try to facilitate virtue as well as pleasure. |
| 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. |
| 7539 | To get duties from people without rights, you must pay them well [Goethe] |
| Full Idea: If you demand duties from people and will not concede them rights, you have to pay them well. | |
| From: Wolfgang von Goethe (Maxims and Reflections [1825], 180) | |
| A reaction: [from 'Art and Antiquity']. ...or have great power over them. Goethe gives the optimistic liberal view, rather than the Marxist view. |
| 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. |
| 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). |
| 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. |
| 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. |
| 8326 | Science has shown that causal relations are just transfers of energy or momentum [Fair, by Sosa/Tooley] |
| Full Idea: Basic causal relations can, as a consequence of our scientific knowledge, be identified with certain physicalistic [sic] relations between objects that can be characterized in terms of transference of either energy or momentum between objects. | |
| From: report of David Fair (Causation and the Flow of Energy [1979]) by E Sosa / M Tooley - Introduction to 'Causation' §1 | |
| A reaction: Presumably a transfer of momentum is a transfer of energy. If only anyone had the foggiest idea what energy actually is, we'd be doing well. What is energy made of? 'No identity without substance', I say. I like Fair's idea. |
| 10379 | Fair shifted his view to talk of counterfactuals about energy flow [Fair, by Schaffer,J] |
| Full Idea: Fair, who originated the energy flow view of causation, moved to a view that understands connection in terms of counterfactuals about energy flow. | |
| From: report of David Fair (Causation and the Flow of Energy [1979]) by Jonathan Schaffer - The Metaphysics of Causation 2.1.2 | |
| A reaction: David Fair was a pupil of David Lewis, the king of the counterfactual view. To me that sounds like a disappointing move, but it is hard to think that a mere flow of energy through space would amount to causation. Cause must work back from an effect. |