Combining Texts

Ideas for 'fragments/reports', 'Preface to Great Instauration (Renewal)' and 'Walking the Tightrope of Reason'

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5 ideas

25. Social Practice / D. Justice / 2. The Law / c. Natural law
Justice, the law, and right reason are natural and not conventional [Chrysippus, by Diog. Laertius]
     Full Idea: Chrysippus says (in On the Honourable) that justice is natural and not conventional, as are the law and right reason.
     From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.128
     A reaction: How does he explain variations in the law between different states? Presumably some of them have got it wrong. What is the criterion for deciding which laws are natural?
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments [Fogelin]
     Full Idea: The purposes of punishment include deterrence, prevention, rehabilitation, and retribution, but they don't always sit well together. Deterrence is best served by making prisons miserable places, but this may run counter to rehabilitation.
     From: Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2)
     A reaction: It seems to most educated people that retribution should be pushed far down the list if we are to be civilised (see Idea 1659), and yet personal revenge for a small act of aggression seems basic, normal and acceptable. We dream of rehabilitation.
Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims [Fogelin]
     Full Idea: A strict retributivist is likely to say that once a crime is paid for, that's that; a deterrence theorist is likely to say that the protection of potential victims overrides the released convict's right to a free and fresh start.
     From: Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2)
     A reaction: Interesting since the retributivist here has the more liberal attitude. Reformists will also have a dilemma when years in prison have failed to reform the convict. Virtue theorists like balance, and sensitively consider our relations with the criminals.
25. Social Practice / F. Life Issues / 6. Animal Rights
We don't have obligations to animals as they aren't like us [Chrysippus, by Diog. Laertius]
     Full Idea: We have no obligations of justice to other animals, because they are dissimilar to us.
     From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.Ze.66
     A reaction: "Dissimilar" begs questions. Some human beings don't seem much like me. How are we going to treat visiting aliens?
Justice is irrelevant to animals, because they are too unlike us [Chrysippus, by Diog. Laertius]
     Full Idea: There is no justice between us and other animals because of the dissimilarity between us and them.
     From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.129
     A reaction: [from lost On Justice Bk 1] What would he make of modern revelations about bonobos and chimpanzees? If there is great dissimilarity between some peoples, does that invalidate justice between them? He also said animals exist for our use.