20 ideas
| 22070 | Irony is consciousness of abundant chaos [Schlegel,F] |
| Full Idea: Irony is the clear conscousness of eternal agility, of an infinitely abundant chaos. | |
| From: Friedrich Schlegel (works [1798], Vol 2 p.263), quoted by Ernst Behler - Early German Romanticism p.81 | |
| A reaction: [1800, in Athenaum] The interest here is irony as a reaction to chaos, which has made systematic thought impossible. Do romantics necessarily see reality as beyond our grasp, even if not chaotic? This must be situational, not verbal irony. |
| 22069 | Plato has no system. Philosophy is the progression of a mind and development of thoughts [Schlegel,F] |
| Full Idea: Plato had no system, but only a philosophy. The philosophy of a human being is the history, the becoming, the progression of his mind, the gradual formation and development of his thoughts. | |
| From: Friedrich Schlegel (works [1798], Vol.11 p.118), quoted by Ernst Behler - Early German Romanticism | |
| A reaction: [1804] Looks like the first sign of rebellion against the idea of having a 'system' in philosophy, making it a key idea of romanticism. Systems are classical? This looks like an early opposition of a historical dimension to static systems. Big idea. |
| 12468 | A state of affairs is only possible if there has been an actual substance to initiate it [Pruss] |
| Full Idea: Non-actual states of affairs are possible if there actually was a substance capable of initiating a causal chain, perhaps non-deterministic, that could lead to the state of affairs that we claim is possible. | |
| From: Alexander R. Pruss (The Actual and the Possible [2002]), quoted by Jonathan D. Jacobs - A Powers Theory of Modality §4.2 | |
| A reaction: This is roughly my view. There are far fewer possibilities in heaven and earth than are dreamt of in your philosophy, Horatio. Logical possibilities and fantasy possibilities are not real possibilities. |
| 22068 | Poetry is transcendental when it connects the ideal to the real [Schlegel,F] |
| Full Idea: There is a kind of poetry whose essence lies in the relation between the ideal and the real, and which therefore, by analogy with philosophical jargon, should be called transcendental poetry. | |
| From: Friedrich Schlegel (works [1798], Vol 2 p.204), quoted by Ernst Behler - Early German Romanticism p.78 | |
| A reaction: I think the basic idea is that the imaginative creation of poetry has the power to bridge the gap between the transcendental (presupposed) ideal in Fichte, and nature (which Fichte seems to have excluded from his system). |
| 22030 | For poets free choice is supreme [Schlegel,F] |
| Full Idea: Romantic poetry recognises as its first commandment that the free choice [Wilkür] of the poet can tolerate no law above itself. | |
| From: Friedrich Schlegel (works [1798], Frag 116 p.32), quoted by Terry Pinkard - German Philosophy 1760-1860 06 | |
| A reaction: This leads to Shelley's 'poets are the unacknowledged legislators of the race'. We should also take it as a response to Kant's categorical imperative, which leads to the Gauguin Problem (wickedness justified by the art it leads to). |
| 22071 | True love is ironic, in the contrast between finite limitations and the infinity of love [Schlegel,F] |
| Full Idea: True irony is the irony of love. It arises from the feeling of finitude and one's own limitation, and the apparent contradiction of these feelings with the concept of infinity inherent in all true love. | |
| From: Friedrich Schlegel (works [1798], Vol.10 p.357), quoted by Ernst Behler - Early German Romanticism | |
| A reaction: [c.1827] This is more about idealist philosophy and its yearning for the Absolute than it is about the actual nature of love. Love is the door to the Absolute. The irony is our inability to pass through it. |
| 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'. |
| 22029 | Irony is the response to conflicts of involvement and attachment [Schlegel,F, by Pinkard] |
| Full Idea: Irony is thus the appropriate stance to feeling that is both inescapably committed and inescapably detached at the same time. | |
| From: report of Friedrich Schlegel (works [1798]) by Terry Pinkard - German Philosophy 1760-1860 06 | |
| A reaction: This is the epitome of romanticism, which carries over into the dilemmas of existentialism. Striking the right balance between caring and not caring seems to me to be the main focus of modern British people. |
| 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. |