Combining Texts

Ideas for 'fragments/reports', 'This is Political Philosophy' and 'Elements of Mind'

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15 ideas

25. Social Practice / A. Freedoms / 3. Free speech
Free speech does not include the right to shout 'Fire!' in a crowded theatre [Tuckness/Wolf]
     Full Idea: Oliver Wendell Holmes (in 1919) noted that freedom of speech does not include the right to shout 'Fire!' in a crowded theatre.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 1 'Conflict')
     A reaction: The point here is that such irresponsible free speech does not even require legislation, and there is probably already some law under which the perpetrator could be prosecuted.
25. Social Practice / B. Equalities / 1. Grounds of equality
Most people want equality because they want a flourishing life [Tuckness/Wolf]
     Full Idea: If we want equality so much, we find that it is often because they think of equality as a prerequisite for a certain kind of flourishing life.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 1 'Happiness')
     A reaction: Most writers seem to agree that we don't want equality for its own sake. In what respects do we want to be equal? Why not equal in hair colour? Hence it looks as if equality drops out. I would aim to derive it from the social virtue of respect.
25. Social Practice / B. Equalities / 4. Economic equality
If there is no suffering, wealth inequalities don't matter much [Tuckness/Wolf]
     Full Idea: It is hard to get worked up over wealth inequalities if no one is suffering from them!
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 3 'Deprivation')
     A reaction: The more the poorer group resent the inequality, the more they suffer. When is resenting huge inequalities in wealth justified? It depends how the big wealth was obtained.
25. Social Practice / C. Rights / 1. Basis of Rights
Some rights are 'claims' that other people should act in a certain way [Tuckness/Wolf]
     Full Idea: A 'claim right' is one in which the person asserting the right makes a claim on others to act or not act in a certain way.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Claim')
     A reaction: There seems to be a crucial distinction between rights which entail obligations on some individual or institution, and those which don't. Contracts (including employment contracts) generate duties on the parties.
Choice theory says protecting individual autonomy is basic (but needs to cover infants and animals) [Tuckness/Wolf]
     Full Idea: Choice theorists hold that rights protect our rights to make autonomous judgements, because our basic right to autonomy must be protected, The theory has a problem with people unable to exercise autonomy (such as infants and animals).
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Interest')
     A reaction: The problem of infants and animals looks like a decisive objection to me. We obviously don't protect dangerous or hostile autonomous judgements, and it is not clear why protecting stupid autonomy should be basic.
One theory (fairly utilitarian) says rights protect interests (but it needs to cover trivial interests) [Tuckness/Wolf]
     Full Idea: Interest theorists hold that rights serve to protect people's important interests. This is closely allied with utilitarian values. The theory has difficulty accounting for relatively trivial interests (like owning a lemonade you bought).
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Interest')
     A reaction: This sounds more plausible than choice theory (Idea 20604). It is obvious that infants must have rights. The lemonade problem seems to demand some sort of rule utilitarianism. Sidgwick looks promising. Rights can also be moral claims.
Having a right does not entail further rights needed to implement it [Tuckness/Wolf]
     Full Idea: Possession of a right (such as self-defence) does not always imply that one has additional rights to whatever they need (such as a handgun) in order to exercise the first right.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Is there')
     A reaction: The right to life entails a right to food (but not to a banquet), so it is a stronger right than self-defence. I have no obligation to let you defend yourself against me, but I may have an obligation to feed you if you are starving. (Distinction here?)
25. Social Practice / D. Justice / 2. The Law / a. Legal system
If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
     Full Idea: One of the more common reasons people will give for having a moral obligation to obey the law is consent. ...It rests on the intuitively appealing idea of an analogy with a promise.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 6 'Consent')
     A reaction: [They cite Locke and Jefferson] In Locke's case it has to be a 'tacit' promise, which is more realistic. In real life we have problems with people who 'said' they would do something. They are often accused of promising, when they didn't.
If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]
     Full Idea: If we expect others to obey the laws we think just, do we have an obligation to obey the laws that other people think just?
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 6 'What should')
     A reaction: Depends whether you have to be consistent about everything. I'm picky about which laws I obey, but I'm not going to tell you that, in case you get the same idea. Free riders.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Instead of against natural law, we might assess unjust laws against the values of the culture [Tuckness/Wolf]
     Full Idea: Do we need natural law theory in order to make sense of the idea that laws can be unjust? Perhaps not: we might consider whether laws are consistent with the values of the culture or society where they apply.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Unjust')
     A reaction: So were the wicked laws passed by the Nazis consistent with 1930s German culture? Impossible to say.
25. Social Practice / D. Justice / 3. Punishment / b. Retribution for crime
How should the punishment fit the crime (for stealing chickens?) [Tuckness/Wolf]
     Full Idea: One criticism of the retributive theory of punishment is that it is hard to know how to fit the punishment to the crime. What punishment should correspond to stealing chickens?
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 7 'Rationales')
     A reaction: The ancient world was more keen on restitution for such crimes, which makes much better sense. Buy them some chickens, plus twenty percent.
25. Social Practice / E. Policies / 1. War / a. Just wars
Just wars: resist aggression, done on just cause, proportionate, last resort, not futile, legal [Tuckness/Wolf]
     Full Idea: Classical just war theory: resist aggression; just cause must be the real reason; must be proportionate; last resort; not futile; made by a nation's authority.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 9 'Ius ad')
     A reaction: [My squashed summary of Tuckness and Wolf] A very helpful list, from Cicero, Augustine and Aquinas. So where is the sticking point for pacifists? Presumably it is never the last resort, and aggression should not answer aggression.
25. Social Practice / E. Policies / 1. War / b. Justice in war
During wars: proportional force, fair targets, fair weapons, safe prisoners, no reprisals [Tuckness/Wolf]
     Full Idea: Classical just war theory during a war: force must be proportional; only legitimate targets; avoid prohibited weapons; safety for prisoners of war; no reprisals.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 9 'In the conduct')
     A reaction: What of massacre if a besieged city refuses to surrender? It was commonplace, and sometimes the only way to achieve victory. What if the enemy breaks all the rules? Nice rules though. At the heart of civilisation.
25. Social Practice / E. Policies / 2. Religion in Society
If minority views are accepted in debate, then religious views must be accepted [Tuckness/Wolf]
     Full Idea: It is unfair to exclude religious arguments from the public square because they are not accepted by everyone, unless other views that are not accepted by everyone are also excluded.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 9 'fairly')
     A reaction: Raises the obvious problems of a huge group in the grips of a fairly crazy view, and a tiny group (e.g. specialist scientists) in possession of a correct view. You can't just assess it on the size of the group. You can be wrong but reasonable.
25. Social Practice / F. Life Issues / 3. Abortion
Is abortion the ending of a life, or a decision not to start one? [Tuckness/Wolf]
     Full Idea: One group may consider abortion as a decision to end a life, while another may regard it as the decision not to start one.
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 8 'Hard I')
     A reaction: An early foetus is 'life', but is it 'a life'? Is a blade of grass 'a life'? Is a cell in a body 'a life'?