Combining Texts

All the ideas for 'fragments/reports', 'Law,Liberty and Morality' and 'Essays on Active Powers 4: Liberty of Agents'

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18 ideas

16. Persons / F. Free Will / 2. Sources of Free Will
The first motion or effect cannot be produced necessarily, so the First Cause must be a free agent [Reid]
     Full Idea: That the first motion, or the first effect, whatever it be, cannot be produced necessarily, and, consequently, that the First Cause must be a free agent, has been demonstrated clearly and unanswerably.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 8)
     A reaction: He has said that the First Cause can only be conceived by us as an 'agent'. If there is an agential First Cause, then he must be right. It is this need for God to be free which makes scepticism about free will unacceptable to many.
16. Persons / F. Free Will / 3. Constraints on the will
A willed action needs reasonable understanding of what is to be done [Reid]
     Full Idea: There can be no will without such a degree of understanding, at least, as gives the conception of that which we will.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 1)
     A reaction: Presumably this 'conception' includes an understanding of the probable consequences, but they are of infinite complexity. I see this as an objection to 'ultimate' free will and responsibility, because there are only ever degrees of understanding.
16. Persons / F. Free Will / 4. For Free Will
We are morally free, because we experience it, we are accountable, and we pursue projects [Reid]
     Full Idea: I believe in moral liberty first because we have a natural conviction of belief that in many cases we act freely, second because we are accountable, and third because we can prosecute an end by a long series of means adapted.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 5)
     A reaction: This is his final summary of why he believes in free will. Why didn't Plato and Aristotle have this natural belief? He could only believe we are 'accountable' because he believes in free will. Ants and bees pursue lengthy projects. Hm.
20. Action / C. Motives for Action / 3. Acting on Reason / a. Practical reason
A motive is merely an idea, like advice, and not a force for action [Reid]
     Full Idea: A motive is equally incapable of action and of passion; because it is not a thing that exists, but a thing that is conceived. …Motives may be compared to advice or exhortation.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 4)
     A reaction: We say people are motivated by greed or anger or love, which seems a bit stronger than mere advice.
22. Metaethics / C. The Good / 1. Goodness / g. Consequentialism
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'.
24. Political Theory / D. Ideologies / 5. Democracy / e. Democratic minorities
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.
24. Political Theory / D. Ideologies / 6. Liberalism / a. Liberalism basics
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.
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
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.
25. Social Practice / D. Justice / 2. The Law / a. Legal system
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.
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.
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.
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?
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).
25. Social Practice / D. Justice / 3. Punishment / b. Retribution for crime
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.
26. Natural Theory / A. Speculations on Nature / 5. Infinite in Nature
Archelaus was the first person to say that the universe is boundless [Archelaus, by Diog. Laertius]
     Full Idea: Archelaus was the first person to say that the universe is boundless.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 02.Ar.3
26. Natural Theory / C. Causation / 9. General Causation / a. Constant conjunction
We all know that mere priority or constant conjunction do not have to imply causation [Reid]
     Full Idea: Every man who understands the language knows that neither priority, nor constant conjunction, nor both taken together, imply efficiency.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 2)
     A reaction: This invites the question of how we do know causal events, if none of our experiences are enough to prove it. Reid says we have an innate knowledge that all events are caused, but that isn't much help. The presence of power?
26. Natural Theory / D. Laws of Nature / 1. Laws of Nature
The principle of the law of nature is that matter is passive, and is acted upon [Reid]
     Full Idea: The law of nature respecting matter is grounded upon this principle: That matter is an inert, inactive substance, which does not act, but is acted upon.
     From: Thomas Reid (Essays on Active Powers 4: Liberty of Agents [1788], 5)
     A reaction: A clear statement (alongside Euler's) of the 18th century view, still with us, but strikes me as entirely wrong. Their view needs the active power of God to drive the laws. Matter has intrinsic primitive powers, and laws describe patterns of behaviour.
27. Natural Reality / G. Biology / 3. Evolution
Archelaus said life began in a primeval slime [Archelaus, by Schofield]
     Full Idea: Archelaus wrote that life on Earth began in a primeval slime.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Malcolm Schofield - Archelaus
     A reaction: This sounds like a fairly clearcut assertion of the production of life by evolution. Darwin's contribution was to propose the mechanism for achieving it. We should honour the name of Archelaus for this idea.