24 ideas
| 19712 | Maybe there is plain 'animal' knowledge, and clearly justified 'reflective' knowledge [Vahid] |
| Full Idea: There is a distinction between 'animal knowledge' (which requires only apt belief), and 'reflective knowledge' (requiring both apt and justified belief). | |
| From: Hamid Vahid (Externalism/Internalism [2011], 5) | |
| A reaction: [He cites Sosa 1991] My inclination (Idea 19711) was to think of knowledge as a continuum (possibly with a contextual component), and this distinction doesn't change my view, though it makes the point. |
| 19703 | Epistemic is normally marked out from moral or pragmatic justifications by its truth-goal [Vahid] |
| Full Idea: It is widely believed that epistemic justification is distinct from other species of justification such as moral or pragmatic justification in that it is intended to serve the so-called 'truth-goal'. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 1) | |
| A reaction: Kvanvig explicitly argues against this view. He broadens the aims, but it strikes me that other aims are all intertwined with truth in some way, so I find this idea quite plausible. |
| 19705 | 'Mentalist' internalism seems to miss the main point, if it might not involve an agent's access [Vahid] |
| Full Idea: Since mentalism remains neutral on whether mental states need be accessible to an agent ...it does not seem to do justice to the intuitions that drive paradigm internalist positions. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 2 A) | |
| A reaction: The rival view is 'access internalism', which implies that you can act on and take responsibility for your knowledge, because you are aware of its grounding. If animals know things, that might fit the mentalist picture better. |
| 19706 | Strong access internalism needs actual awareness; weak versions need possibility of access [Vahid] |
| Full Idea: A strong form of 'access internalism' is when an agent is required to be actually aware of the conditions that constitute justification; a weaker version loosens the accessibility condition, requiring only the ability to access the justification. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 2 B) | |
| A reaction: The super strong version implies that you probably only know one thing at a time, so it must be nonsense. The weaker version has grey areas. I remember roughly the justification, but not the details. The justification is in my diary. Etc. |
| 19707 | Maybe we need access to our justification, and also to know why it justifies [Vahid] |
| Full Idea: Access internalism may also have a truth-conducive conception of justification, where one should not only know what one's reasons are, but also why one's beliefs are probable on one's reasons. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 2 B) | |
| A reaction: [he cites Bonjour 1985] Sounds reasonable. It would seem odd if you had clear access to the reason, but didn't understand it, because you had just learned it by rote. |
| 19709 | Internalism in epistemology over-emphasises deliberation about beliefs [Vahid] |
| Full Idea: The internalist approach in epistemology seems to suggest an over-inellectualized and deliberative picture of our belief-forming activities. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 2.2 B) | |
| A reaction: This strikes me as confused. The question is not how do I arrive at my beliefs but what justifies my believing them, and what justifies the beliefs in themselves? My head is full of daft beliefs produced by TV advertising. |
| 19704 | Externalism may imply that identical mental states might go with different justifications [Vahid] |
| Full Idea: According to the 'mentalist' version of internalism, an externalist is someone who maintains that two people can be in the same present mental states while one has a justified belief and the other does not. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 2 A) | |
| A reaction: It seems an unlikely coincidence, that we have identical mental states, but your is (say) reliably created but mine isn't. Nevertheless this does seem to be an implication of externalism, though not a definition of it. |
| 19710 | With a counterfactual account of the causal theory, we get knowledge as tracking or sensitive to truth [Vahid] |
| Full Idea: The causal theory of justification was soon replaced by Nozick's construal of knowledge as counterfactually sensitive to its truth value (that is, it tracks truth). A counterfactual theory of causation connects this to the causal theory. | |
| From: Hamid Vahid (Externalism/Internalism [2011], 3) | |
| A reaction: This is presented as an externalist theory, close to the causal theory (and prior to the reliability theory). But how could you be 'sensitive' to a changing truth if the justification was all external? Externally supported beliefs seem ossified. |
| 19711 | Externalism makes the acquisition of knowledge too easy? [Vahid] |
| Full Idea: Internalists say that externalism is inadequate because it makes the obtaining of knowledge and justified beliefs too easy | |
| From: Hamid Vahid (Externalism/Internalism [2011], 4) | |
| A reaction: This looks like a key issue in epistemology. Do children and animals have lots of knowledge, which they soak up unthinkingly, or do only thinking adults really 'know' things? Why not have degrees of knowledge? |
| 1757 | The Electra: she knows this man, but not that he is her brother [Eucleides, by Diog. Laertius] |
| Full Idea: The 'Electra': Electra knows that Orestes is her brother, but not that this man is Orestes, so she knows and does not know her brother simultaneously. | |
| From: report of Eucleides (fragments/reports [c.410 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 02.Eu.4 | |
| A reaction: Hence we distinguish 'know of', 'know that' and 'know how'. Hence Russell makes 'knowledge by acquaintance' fundamental, and descriptions come later. |
| 3028 | The chief good is unity, sometimes seen as prudence, or God, or intellect [Eucleides] |
| Full Idea: The chief good is unity, which is known by several names, for at one time people call it prudence, at another time God, at another intellect, and so on. | |
| From: Eucleides (fragments/reports [c.410 BCE]), quoted by Diogenes Laertius - Lives of Eminent Philosophers 02.9.2 | |
| A reaction: So the chief good is what unites and focuses our moral actions. Kant calls that 'the will'. |
| 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. |
| 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. |