22 ideas
| 20955 | Art can make reason more all-inclusive, by articulating what seemed inexpressible [Bowie] |
| Full Idea: The early German Romantics argued that art pointed to a more all-inclusive conception of reason, which can offer ways of articulating what is not conceptually accessible. | |
| From: Andrew Bowie (Introduction to German Philosophy [2003], 5 'Reason') | |
| A reaction: [This is Novalis, F.Schlegel, Schleiermacher, and Hölderlin] I'm in favour of expanding reason, to include assessment of situations and coherence, rather than just stepwise reasoning. Not sure that art 'articulates' something new. |
| 22049 | Transcendental idealism aims to explain objectivity through subjectivity [Bowie] |
| Full Idea: The aim of transcendental idealism is to give a basis for objectivity in terms of subjectivity. | |
| From: Andrew Bowie (German Philosophy: a very short introduction [2010], 1) | |
| A reaction: Hume used subjectivity to undermine the findings of objectivity. There was then no return to naive objectivity. Kant's aim then was to thwart global scepticism. Post-Kantians feared that he had failed. |
| 20950 | German Idealism says our thinking and nature have the same rational structure [Bowie] |
| Full Idea: German Idealism aims to demonstrate that our thinking relates to a nature which is intelligibly structured in the same way as our thinking is structured. | |
| From: Andrew Bowie (Introduction to German Philosophy [2003], 3 'Limits') | |
| A reaction: Now that's an idealism I might buy into. Frege thought his logic was mapping rational reality. My angle is that we are a product of this 'reality', so we should expect our thinking to be similarly structured. Reason is derived from nature. |
| 22055 | The Idealists saw the same unexplained spontaneity in Kant's judgements and choices [Bowie] |
| Full Idea: The Idealist saw in Kant that knowledge, which depends on the spontaneity of judgement, and self-determined spontaneous action, can be seen as sharing the same source, which is not accessible to scientific investigation. | |
| From: Andrew Bowie (German Philosophy: a very short introduction [2010]) | |
| A reaction: This is the 'spontaneity' of judgements and choices which was seen as the main idea in Kant. It inspired romantic individualism. The judgements are the rule-based application of concepts. |
| 22054 | German Idealism tried to stop oppositions of appearances/things and receptivity/spontaneity [Bowie] |
| Full Idea: A central aim of German Idealism is to overcome Kant's oppositions between appearances and thing in themselves, and between receptivity and spontaneity. | |
| From: Andrew Bowie (German Philosophy: a very short introduction [2010], 2) | |
| A reaction: I have the impression that there were two strategies: break down the opposition within the self (Fichte), or break down the opposition in the world (Spinozism). |
| 22056 | Crucial to Idealism is the idea of continuity between receptivity and spontaneous judgement [Bowie] |
| Full Idea: A crucial idea for German Idealism (from Hamann) is that apparently passive receptivity and active spontaneity are in fact different degrees of the same 'activity, and the gap between subject and world can be closed. | |
| From: Andrew Bowie (German Philosophy: a very short introduction [2010], 3) | |
| A reaction: The 'passive' bit seems to be Hume's 'impressions', which are Kant's 'intuitions', which need 'spontaneous' interpretation to become experiences. Critics of Kant said this implied a dualism. |
| 20942 | Nazis think race predetermines the self [Bowie] |
| Full Idea: The Nazi idea is that the self is predetermined primarily by its race. | |
| From: Andrew Bowie (Introduction to German Philosophy [2003], Intro) | |
| A reaction: I suspect that I occasionally encounter this view, in very patriotic people. But then you meet people who feeling that their self is mainly determined by support of a football team. Note, though, 'pre-'determined. Hegel makes this idea possible? |
| 9381 | If some inferences are needed to fix meaning, but we don't know which, they are all relevant [Fodor/Lepore, by Boghossian] |
| Full Idea: The Master Argument for linguistic holism is: Some of an expression's inferences are relevant to fixing its meaning; there is no way to distinguish the inferences that are constitutive (from Quine); so all inferences are relevant to fixing meaning. | |
| From: report of J Fodor / E Lepore (Holism: a Shopper's Guide [1993], §III) by Paul Boghossian - Analyticity Reconsidered | |
| A reaction: This would only be if you thought that the pattern of inferences is what fixes the meanings, but how can you derive inferences before you have meanings? The underlying language of thought generates the inferences? Meanings are involved! |
| 20946 | Rhetoric is built into language, so it cannot be stripped from philosophy [Bowie] |
| Full Idea: The attempt to rid philosophy of rhetoric falls prey precisely to that fact that what is involved in rhetoric is inherent in what is built into all natural languages by their genesis in the real historical world. | |
| From: Andrew Bowie (Introduction to German Philosophy [2003], 2 'Hamann') | |
| A reaction: Rhetoric can range from charming to bullying, and it is the latter which is the problem. The underlying issue is dogma versus dialectic. Some analytic philosophers have a good shot at being non-rhetorical. |
| 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. |