Combining Texts

Ideas for 'The Social Contract (tr Cress)', 'Creating Capabilities' and 'Critique of Judgement I: Aesthetic'

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32 ideas

25. Social Practice / A. Freedoms / 1. Slavery
We can never assume that the son of a slave is a slave [Rousseau]
     Full Idea: To decide that the son of a slave is born a slave is to decide that he is not a man.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.2)
     A reaction: Obviously this is because men are 'born free', though I am not clear how that maxim can be reached. I take it for granted that African slaves in the Americas found themselves born into slavery. No justification was required.
Sometimes full liberty is only possible at the expense of some complete enslavement [Rousseau]
     Full Idea: There are some unfortunate circumstances where one's liberty can be preserved only at the expense of someone else's, and where the citizen can be perfectly free only if the slave is completely enslaved. Such was the situation in Sparta.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], III.15)
     A reaction: Rousseau wrote just before the moment when it was seen that slavery in European empires might be abolished, but he was not in the forefront of thought on this one. Greek philosophy would probably never have happened without slavery.
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
Appetite alone is slavery, and self-prescribed laws are freedom [Rousseau]
     Full Idea: To be governed by appetite alone is slavery, while obedience to a law one prescribes to oneself is freedom.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.8)
     A reaction: An interesting formulation, sitting somewhere between Aristotle and Kant. The problem is to find a metaethic which will justify the prescription and nature of the self-imposed law.
Negative liberty is incoherent; all liberties, to do and to be, require the prevention of interference [Nussbaum]
     Full Idea: The very idea of 'negative liberty' ...is an incoherent idea: all liberties are positive, meaning liberties to do or to be something, which all require the inhibition of interference by others.
     From: Martha Nussbaum (Creating Capabilities [2011], 3)
     A reaction: This rejects Isaiah Berlin's well-known claim that negative liberties are good, but positive liberties are far too dangerous.
25. Social Practice / A. Freedoms / 6. Political freedom
Political freedom is an incoherent project, because some freedoms limit other freedoms [Nussbaum]
     Full Idea: It is unclear whether the idea of promoting freedom is even a coherent political project. Some freedoms limit others. The freedom of rich people to make large donations to political campaigns can limit the equal worth of the right to vote.
     From: Martha Nussbaum (Creating Capabilities [2011], 4)
     A reaction: It is not just American right-wingers who over-emphasise 'freedom'. French philosophy seems to be riddled with the same thing.
25. Social Practice / B. Equalities / 1. Grounds of equality
The social compact imposes conventional equality of rights on people who may start unequally [Rousseau]
     Full Idea: Instead of destroying natural equality, the fundamental compact substitutes a moral and legitimate equality to any natural physical inequality. ...so that men all become equal by convention and by right.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.9)
     A reaction: This does not pretend that equality is a natural right. The imposition of equality is virtually the main point of forming a state. Effectively, the state operates like an insurance company, treating all contributors as equal.
25. Social Practice / B. Equalities / 4. Economic equality
No citizen should be rich enough to buy another, and none so poor as forced to sell himself [Rousseau]
     Full Idea: Where wealth is concerned, no citizen should be rich enough to buy another, and none should be so poor as to be forced to sell himself.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.11)
     A reaction: Rousseau is thinking of slavery, but this also points to prostitution as a key indicator of social equality. In Victorian Britain it seems that extensive prostituion was unavoidable; nowadays it looks more like a voluntary choice (for indigenous Britons).
25. Social Practice / C. Rights / 1. Basis of Rights
Political and civil rights are not separate from economic and social rights [Nussbaum]
     Full Idea: My approach rejects the distinction, common in the human rights movement, between 'first-generation rights' (political and civil) and 'second-generation rights' (economic and social). The second group are preconditions of the first group.
     From: Martha Nussbaum (Creating Capabilities [2011], 3)
     A reaction: [last sentence compressed] This sounds like the sort of point Marx argued for. Nowadays it is feminists who make this point most strongly.
25. Social Practice / C. Rights / 3. Alienating rights
If we all give up all of our rights together to the community, we will always support one another [Rousseau]
     Full Idea: The social compact reduces to a single clause, namely the total alienation of each associate, together with all of his rights, to the entire community. Since this condition is equal for everyone, no one has an interest in making it burdensome for others.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.6)
     A reaction: He speaks elsewhere of basic natural rights which can never be alienated, such as self-defence. It is what small groups do all the time, if they start off as equals. Difficult to manage with large groups. Factions are the problem.
In society man loses natural liberty, but gains a right to civil liberty and property [Rousseau]
     Full Idea: What man loses by the social contract is his natural liberty and the absolute right to anything that tempts him; what he gains is civil liberty and the legal rights of propery in what he possesses.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.8)
     A reaction: It is an appealing idea that the purpose of society is to increase liberty, not to restrict it. That, on the whole, is my view. American libertarianism opens up the world to gun crime, vigilantes, pornographers and bounty-hunters.
We alienate to society only what society needs - but society judges that, not us [Rousseau]
     Full Idea: Each person alienates, by the social compact, only that portion of his power, his goods, and liberty whose use is of consequence to the community; but we must also grant that only the sovereign is the judge of what is of consequence.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.04)
     A reaction: The weakness here is how society sees its needs. He seems to assume that two societies will arrive at almost identical general wills, but Spartans, Prussians and Serbs may require the lives of your children for the state.
25. Social Practice / C. Rights / 4. Property rights
Private property must always be subordinate to ownership by the whole community [Rousseau]
     Full Idea: Each private individual's right to his very own store is always subordinate to the community's right to all, without which there could be neither solidity in the social fabric nor real force in the exercise of sovereignty.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.9)
     A reaction: This may sound a bit drastic, but every country practices this principle, seen in compulsory purchase orders (e.g. to build a railway line). In liberal democracies you expect good compensation. In communist Roumania you were just moved. Also taxation.
25. Social Practice / D. Justice / 1. Basis of justice
Capabilities: Life, Health, Safety, Mental life, Love, Planning, Joining in, Nature, Play, Control [Nussbaum, by PG]
     Full Idea: Ten Capabilities: Life (decent), Health (reproduction, shelter), Safety, Mental life (with education), Love (relationships), Planning (with free beliefs), Joining in (and non-discrimination), Nature (relations to), Play, Control (politics and property).
     From: report of Martha Nussbaum (Creating Capabilities [2011], 2) by PG - Db (ideas)
     A reaction: She gives her crucial list in rather wordy form. To have impact it needs to be reduced to brief simple slogans.
Justice requires that the ten main capabilities of people are reasonably enabled [Nussbaum]
     Full Idea: The basic claim of my account of social justice is this: respect for human dignity requires that citizens be placed above an ample (specified) threshold of capability in all ten of the areas.
     From: Martha Nussbaum (Creating Capabilities [2011], 2)
     A reaction: [The capabilities are given, briefly, in Idea 21009] The one word that bothers me here is 'dignity'. It is very vague, and can, I think, be reduced to much clearer and more obvious concepts. A person lacks dignity when they vomit, in ordinary usage.
Capabilities are grounded in bare humanity and agency; qualifying as rational is not needed [Nussbaum]
     Full Idea: The capabilities approach grounds rights claims in bare human birth and minimal agency, not in rationality or any other specific property, something that permits it to recognise the equal human rights of people with cognitive disabilities.
     From: Martha Nussbaum (Creating Capabilities [2011], 3)
     A reaction: She says elsewhere that she also sees animals as included in the capabilities approach. This is a rejection of the Kantian grounds for rights (by a well-known Aristotelian).
Rights are not just barriers against state interference; governments must affirm capabilities of citizens [Nussbaum]
     Full Idea: A prominent idea, common in the U.S., sees rights as barriers against interfering state action. ...The Capabilities Approach, by contrast, insists that all entitlements involve an affirmative task for government, to actively support capabilities.
     From: Martha Nussbaum (Creating Capabilities [2011], 3)
     A reaction: This makes her approach very left wing, by U.S. standards, because it needs higher taxation and a degree of government paternalism. Her approach strikes me as an excellent agenda for a fairly interventionist European liberal party.
25. Social Practice / D. Justice / 2. The Law / a. Legal system
The state ensures liberty, so civil law separates citizens, and binds them to the state [Rousseau]
     Full Idea: The relationship of members to each other should be as small as possible, and as large as possible to the entire body. ...Only the force of the state brings about the liberty of its members. From this relationship civil laws arise.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.12)
     A reaction: I'm guessing that these laws could be said mainly to prescribe both our rights and our duties. His four types of law are political, civil, criminal, and customary.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Natural justice, without sanctions, benefits the wicked, who exploit it [Rousseau]
     Full Idea: The laws of natural justice, lacking any natural sanctions, are unavailing among men. In fact, such laws merely benefit the wicked and injure the just, since the just respect them while others do not do so in return.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.06)
     A reaction: This seems a very accurate observation, and points us towards either contracts, or a justification of the use of force by good people.
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
We accept the death penalty to prevent assassinations, so we must submit to it if necessary [Rousseau]
     Full Idea: Whoever wills the end also wills the means. ...The death penalty inflicted on criminals can be viewed from more or less this point of view. It is in order to avoid being the victim of an assassin that a person consents to die, were he to become one.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)
     A reaction: This seems to be roughly the spirit in which Socrates submitted to his death. I doubt whether many criminals agree with harsh punishments dished out to other criminals who get caught.
A trial proves that a criminal has broken the social treaty, and is no longer a member of the state [Rousseau]
     Full Idea: The legal proceeding and judgement are the proofs and the declaration that a criminal has broken the social treaty, and consequently that he is no longer a member of the state.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)
     A reaction: This seems to be a plausible rationalisation of capital punishment, but what about lesser crimes. Is the interior of a prison a sort of temporary exile from the state? Hence the significance of whether prisoners are allowed to vote. But 19811.
25. Social Practice / D. Justice / 3. Punishment / c. Deterrence of crime
Only people who are actually dangerous should be executed, even as an example [Rousseau]
     Full Idea: There is no wicked man who could not be made good for something. One has the right to put to death, even as an example, only someone who cannot be preserved without danger.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)
     A reaction: This formulation implies that we could execute a dangerous person as a deterrent, even though they were not guilty of this particular crime. I suspect that Rousseau was too nice to go through with that.
25. Social Practice / E. Policies / 1. War / b. Justice in war
War gives no right to inflict more destruction than is necessary for victory [Rousseau]
     Full Idea: War gives no right to inflict any more destruction than is necessary for victory.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], I.4)
     A reaction: This is the principle at stake in discussion of the bombing of Germany in 1942-5. We all seem to agree with this principle, and are shocked by breaches of it, but I am not sure why. Destruction must be a fundamentally bad thing - a basic value.
25. Social Practice / E. Policies / 1. War / c. Combatants
Wars are between States, not people, and the individuals are enemies by accident [Rousseau]
     Full Idea: War is something that occurs not between man and man, but between States. The individuals who become involved in it are enemies only by accident. A State can have as its enemies only other States, not men at all.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], p.249), quoted by Jeff McMahan - Killing in War 2.5
     A reaction: This is the classic statement of the collectivist view, which goes on to assert that the morality of warfare is quite different from ordinary morality. McMahan argues against this view, very persuasively.
25. Social Practice / E. Policies / 2. Religion in Society
By separating theological and political systems, Jesus caused divisions in the state [Rousseau]
     Full Idea: In separating the theological system from the political system, Jesus made the state to cease being united and caused internal divisions. Since this new idea of an otherwordly kingdom had never entered the heads of pagans, they saw Christians as rebels.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.8)
     A reaction: This is the sort of stuff that made Rousseau a vast number of enemies, which embittered him. It is the sort of cool assessment which became commonplace in Germany sixty year later.
Every society has a religion as its base [Rousseau]
     Full Idea: No state has ever been founded without religion serving as its base.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.8)
     A reaction: It is not clear to me that the ancient Greek cities had religion as a 'base', though they all had a religion, and expected conformity. Religion doesn't figure much in Thucydides. Communist Russia was the first explicitly atheist state, I think.
Civil religion needs one supreme god, an afterlife, justice, and the sanctity of the social contract [Rousseau]
     Full Idea: Dogmas of civil religion should be simple. The existence of a powerful, intelligent, beneficent divinity that foresees and provides; the life to come; the happiness of the just; the punishment of the wicked; the sanctity of the social contract and laws.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.8)
     A reaction: Notice that he gratuitously makes the social contract sacred (even though it can be voluntarily abandoned, and the general will can be changed). Presumably the foundation of any society, such as the ballot box, has to be sacred.
All religions should be tolerated, if they tolerate each other, and support citizenship [Rousseau]
     Full Idea: Tolerance should be shown to all religions which tolerate other religions, so long as their dogmas contain nothing contrary to the duties of a citizen.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.8)
     A reaction: Quite a good guideline for the attitude of western countries to middle eastern religious practices which arrive in their midst. Rousseau says the state has a minimal core religion (Idea 19852), which thus tolerates most other religions.
Any establishment belief system is incompatible with full respect for all citizens [Nussbaum]
     Full Idea: The idea of equal respect is difficult or impossible to render compatible with a religious establishment, even one that is benign and noncoercive. Any established church (or government secularism) denigrates nonbelievers, by stating they are an out-group.
     From: Martha Nussbaum (Creating Capabilities [2011], 4)
     A reaction: This sort of applies to membership of anything. She is sort of right, but there is no reason in principle why full respect should not be accorded to any out-group.
25. Social Practice / E. Policies / 4. Taxation
The amount of taxation doesn't matter, if it quickly circulates back to the citizens [Rousseau]
     Full Idea: It is not on the basis of the amount of taxation that the burden is measured, but on the basis of the path they have to travel in order to return to the hands from which they came. If circulation is prompt and regular, the amount one pays is unimportant.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], III.08)
     A reaction: So the problem is when the government wants to build up a surplus, or pay off debts (or is corrupt, or even if it is suspected of corruption).
25. Social Practice / F. Life Issues / 6. Animal Rights
The Capabilities Approach sees animals as agents, not just as having feelings [Nussbaum]
     Full Idea: The Capabilities Approach sees animals as agents, not as receptacles of pleasure or pain.
     From: Martha Nussbaum (Creating Capabilities [2011], 8)
     A reaction: This is in opposition to the utilitarian view. The key consequence is that animals can be victims of injustice, as well as of cruelty. Nice.
We should respect animals in the way that we respect the animal nature in humans [Nussbaum]
     Full Idea: If we show respect to our own animal natures, it is simply inconsistent, and a kind of vicious self-promoting of a sort to which Kantians are especially opposed, to refuse the same respect to our fellow creatures.
     From: Martha Nussbaum (Creating Capabilities [2011], 8)
     A reaction: Nussbaum says Kant is hopeless on animals, but Christine Korsgaard offers this Kantian approach that demands genuine respect for animals, even though they are not considered rational. Nussbaum says animals are agents. Did Kant respect our animality?
It may be no harm to kill an animal which cannot plan for its future [Nussbaum]
     Full Idea: The painless killing of an animal of a species that does not make plans extending into the future may not be a harm: this depends on how we think about the harm of death.
     From: Martha Nussbaum (Creating Capabilities [2011], 8)
     A reaction: Very old human beings may have no plans for the future. I, on the other hand, have got lots and lots of plans. Definitely. No one can specify the harm of death. How can it be distinguished from the harm of not being born?