Combining Texts

All the ideas for 'Unconscious Cerebral Initiative', 'Animal Rights and Wrongs' and 'The Spirit of the Laws (rev. 1757)'

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91 ideas

11. Knowledge Aims / A. Knowledge / 4. Belief / b. Elements of beliefs
Having beliefs involves recognition, expectation and surprise [Scruton]
     Full Idea: With the concept of belief (e.g. in animals) comes recognition, expectation and surprise.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.15)
     A reaction: A good observation. It is always tempting to see mental faculties in isolation, but each one drags along other capacities with it. Looks a bit holistic.
11. Knowledge Aims / A. Knowledge / 4. Belief / f. Animal beliefs
If an animal has beliefs, that implies not only that it can make mistakes, but that it can learn from them [Scruton]
     Full Idea: To say that an animal has beliefs is to imply not just that it can make mistakes, but also that it can learn from them.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.15)
     A reaction: A bold claim which is hard to substantiate. Seems right, though. Why would they change a belief? It can't be a belief if it isn't changeable. That would be an instinct.
12. Knowledge Sources / B. Perception / 1. Perception
Perception (which involves an assessment) is a higher state than sensation [Scruton]
     Full Idea: Perception is a higher state than sensation: it involves not just a response to the outer world, but also an assessment of it.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.14)
     A reaction: This seems to me a simple but really important distinction, even though it wickedly uses the word 'higher', which Greeks like but post-Humeans struggle with. But we all know it is higher, don't we?
15. Nature of Minds / B. Features of Minds / 1. Consciousness / d. Purpose of consciousness
There is consciousness whenever behaviour must be explained in terms of mental activity [Scruton]
     Full Idea: There is consciousness whenever behaviour must be explained in terms of mental activity.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.23)
     A reaction: Not a point that would trouble an eliminativist, as it sounds suspiciously circular or question-begging.
16. Persons / A. Concept of a Person / 2. Persons as Responsible
Our concept of a person is derived from Roman law [Scruton]
     Full Idea: Our concept of a person is derived from Roman law.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.28)
     A reaction: Interesting. I don't believe Roman legislators invented it, so where did it originate? Interesting that it is legalistic - a thing to which rights can accrue. Compare character, to which virtues accrue.
17. Mind and Body / B. Behaviourism / 4. Behaviourism Critique
Conditioning may change behaviour without changing the mind [Scruton]
     Full Idea: Conditioning involves a change of behaviour, but not necessarily a change of mind.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.16)
     A reaction: I am inclined to doubt this. If I was conditioned in some way, I would expect my conscious state to change as well as my behaviour.
18. Thought / A. Modes of Thought / 3. Emotions / c. Role of emotions
An emotion is a motive which is also a feeling [Scruton]
     Full Idea: An emotion is a motive which is also a feeling.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.17)
     A reaction: What is a motive without feeling? A universalised judgment, perhaps. Which comes first, the motivation or the feeling?
18. Thought / A. Modes of Thought / 5. Rationality / c. Animal rationality
Do we use reason to distinguish people from animals, or use that difference to define reason? [Scruton]
     Full Idea: The difficulty of defining reason suggests that while pretending to use it to define the difference between humans and animals, they are actually using that difference to define reason.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.19)
     A reaction: Too pessimistic. We are perfectly capable of saying there is no significant difference between us and an alien. We have obvious abilities, which we can partly specify.
20. Action / B. Preliminaries of Action / 2. Willed Action / a. Will to Act
Libet says the processes initiated in the cortex can still be consciously changed [Libet, by Papineau]
     Full Idea: Libet himself points out that the conscious decisions still have the power to 'endorse' or 'cancel', so to speak, the processes initiated by the earlier cortical activity: no action will result if the action's execution is consciously countermanded.
     From: report of Benjamin Libet (Unconscious Cerebral Initiative [1985]) by David Papineau - Thinking about Consciousness 1.4
     A reaction: This is why Libet's findings do not imply 'epiphenomenalism'. It seems that part of a decisive action is non-conscious, undermining the all-or-nothing view of consciousness. Searle tries to smuggle in free will at this point (Idea 3817).
Libet found conscious choice 0.2 secs before movement, well after unconscious 'readiness potential' [Libet, by Lowe]
     Full Idea: Libet found that a subject's conscious choice to move was about a fifth of a second before movement, and thus later than the onset of the brain's so-called 'readiness potential', which seems to imply that unconscious processes initiates action.
     From: report of Benjamin Libet (Unconscious Cerebral Initiative [1985]) by E.J. Lowe - Introduction to the Philosophy of Mind Ch.9
     A reaction: Of great interest to philosophers! It seems to make conscious choices epiphenomenal. The key move, I think, is to give up the idea of consciousness as being all-or-nothing. My actions are still initiated by 'me', but 'me' shades off into unconsciousness.
22. Metaethics / A. Ethics Foundations / 1. Nature of Ethics / a. Preconditions for ethics
All moral life depends ultimately on piety, which is our recognition of our own dependence [Scruton]
     Full Idea: The three forms of moral life (respect for persons, the pursuit of virtue and natural sympathy) all depend, in the last analysis, on piety, which is the deep-down recognition of our frailty and dependence.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.56)
     A reaction: MacIntyre agrees. 'Piety' is an odd word, which attempts to link the point to religious teachings. 'Dependence' seems an adequate term. But can fully independent creatures dispense with morality? I think not.
22. Metaethics / A. Ethics Foundations / 2. Source of Ethics / j. Ethics by convention
True goodness is political, and consists of love of and submission to the laws [Montesquieu]
     Full Idea: The good man is he whose goodness is not Christian, but rather political, in the sense I have given. Such a man loves the laws of his land and is moved to act by them.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], Intro)
     A reaction: I take this to have a lot in common with Aristotle, whose simple slogan for virtue I take to as 'be a good citizen'.
23. Ethics / B. Contract Ethics / 1. Contractarianism
Kant's Moral Law is the rules rational beings would accept when trying to live by agreement [Scruton]
     Full Idea: We can see the Kantian 'Moral Law' as consisting precisely in those rules which rational beings would accept, when attempting to live by agreement.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.30)
     A reaction: If this combines Kantian notions of duty with the obligations of contracts, it is the core of a very powerful moral theory. See the work of Tim Scanlon. Classic problems are still the weak, animals and free riders.
23. Ethics / C. Virtue Theory / 3. Virtues / a. Virtues
The modern virtues are courage, prudence, wisdom, temperance, justice, charity and loyalty [Scruton]
     Full Idea: The antique virtues of courage, prudence, wisdom, temperance and justice, amplified by Christian charity and pagan loyalty, still form the core idea of human excellence.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.33)
     A reaction: I always think sense of humour has become a key modern virtue. Where did that come from? Maybe a sense of irony is a good thing. How about efficiency (which is Plato's idea of justice!)?
23. Ethics / C. Virtue Theory / 3. Virtues / c. Justice
Only just people will drop their own self-interests when faced with an impartial verdict [Scruton]
     Full Idea: Only just people will act on the impartial verdict when their own interests conflict with it.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.61)
     A reaction: The Kantian account of the virtues. Virtues are seen in the acceptance of a range of obvious human duties. Very helpful point if one is aiming for one unified theory of morality.
23. Ethics / C. Virtue Theory / 3. Virtues / f. Compassion
Sympathy can undermine the moral order just as much as crime does [Scruton]
     Full Idea: A person who lives by sympathy may undermine the moral order as effectively as the one who lives by crime.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.54)
     A reaction: A slightly chilling remark. Presumably one should not feel too much for suffering which is deserved. What about unavoidable suffering? It is certainly important to see that some suffering is morally good (e.g. grief or remorse).
23. Ethics / D. Deontological Ethics / 2. Duty
That which can only be done by a callous person, ought not to be done [Scruton]
     Full Idea: That which can only be done by a callous person, ought not to be done.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.86)
     A reaction: The problem cases all arise in wartime. Ideally we want to show sympathy even when being necessarily ruthless, but in practice we send the callous ones to do the horrible deed.
23. Ethics / D. Deontological Ethics / 3. Universalisability
As soon as we drop self-interest and judge impartially, we find ourselves agreeing about conflicts [Scruton]
     Full Idea: As soon as we set our own interests aside and look on human relations with the eye of the impartial judge, we find ourselves agreeing over the rights and wrongs of any conflict.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.59)
     A reaction: A nice, and fairly plausible, defence of Kantian ethics. Maybe the UN should actually settle all disputes, instead of just peace-keeping. The idea merely describes the function of the law, and especially an independent judiciary.
23. Ethics / E. Utilitarianism / 1. Utilitarianism
Utilitarianism merely guides us (by means of sympathy) when the moral law is silent [Scruton]
     Full Idea: Utilitarian thinking does not replace or compete with the moral law, but guides us when the moral law is silent and only sympathy speaks.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.63)
     A reaction: If the moral law is silent, it is not quite clear why we should follow sympathy rather than contempt. There is the well-known danger here of the moral law turning out to lack content.
Morality is not a sort of calculation, it is what sets the limits to when calculation is appropriate [Scruton]
     Full Idea: It is nearer the truth to see morality as setting the limits to practical reasoning, rather than being a species of it. Moral principles tell us precisely that we must go no further along the path of calculation.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.52)
     A reaction: Well said. If you are assessing whether an act of vicious brutality is required, you have probably already gone morally astray. It is not hard, though, to think of counterexamples, especially in wartime.
Utilitarianism says we can't blame Stalin yet, but such a theory is a sick joke [Scruton]
     Full Idea: Stalin and Hitler justified their actions in utilitarian terms, ..and no one can accuse them, for who knows what the long-term effects of their actions might be? But a morality which can't pass final judgement on Hitler or Stalin is a kind of sick joke.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.52)
     A reaction: A powerful argument against simplistic consequentialism. We can judge an action at any time, even beforehand, and that must be part of morality, which can't just observe the unfolding consequences.
Utilitarianism is wrong precisely because it can't distinguish animals from people [Scruton]
     Full Idea: It was precisely the inability of utilitarianism to explain the distinction between animals and people which led to its rejection.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.50)
     A reaction: A nice turning of the tables, rejecting the utilitarian pride in incorporating animals into their theory where others (like Kant) reject them. Yet in one respect (suffering) they are inescapably very like us.
24. Political Theory / A. Basis of a State / 1. A People / b. The natural life
Men do not desire to subjugate one another; domination is a complex and advanced idea [Montesquieu]
     Full Idea: It is unreasonable to impute to men, as Hobbes does, the desire to subjugate one another. The idea of sovereignty [l'empire] and domination is so complex and depends on so many other ideas, that it could not be the first to occur to men.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02)
Primitive people would be too vulnerable and timid to attack anyone, so peace would reign [Montesquieu]
     Full Idea: A being concerned only with preservation would be very timid. In such a state every man would feel himself an inferior; he could scarcely imagine himself an equal. No one would seek to attack anyone else; peace would be the first law of nature.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02)
     A reaction: Exactly the idea that Rousseau took up, and they both attack Hobbes for describing a more advanced stage of society, instead of focusing on the original state. A solitary individual would be crazy to launch attacks on other individuals.
24. Political Theory / A. Basis of a State / 1. A People / c. A unified people
People are drawn into society by needs, shared fears, pleasure, and knowledge [Montesquieu]
     Full Idea: To his sense of weakness, man would soon add his needs. Encouraged by indications that their fear was shared, men would soon come together. They would feel the pleasure (and sexual attraction) of their own species. Knowledge then draws them into society.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02)
     A reaction: He doesn't make the point about 'knowledge' very clear.
People are guided by a multitude of influences, from which the spirit of a nation emerges [Montesquieu]
     Full Idea: Men are ruled by many causes: climate, religion, laws, maxims of government, examples drawn from the pasts, customs, manners. Out of them is formed the general spirit of a nation.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 19.04)
     A reaction: This is one step away from Rousseau's general will, which is an attempt to give precise expression to this 'spirit of a nation'.
24. Political Theory / A. Basis of a State / 2. Population / b. State population
In small republics citizens identify with the public good, and abuses are fewer [Montesquieu]
     Full Idea: In a small republic, the public good is more keenly felt, better known, closer to every citizen; abuses are spread less widely, and consequently, are less tolerated.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.16)
     A reaction: This idea of very small republics now seems outdated, but this idea still applies. Small states like the Baltic States (or Scotland?) have a better chance of the citizens identifying with the whole community.
In a large republic there is too much wealth for individuals to manage it [Montesquieu]
     Full Idea: In a large republic, there are large fortunes, and therefore but little moderation in the minds of men. its resources are too considerable to be entrusted to a citizen.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.16)
24. Political Theory / A. Basis of a State / 4. Original Position / b. Veil of ignorance
The rich would never submit to a lottery deciding which part of their society should be slaves [Montesquieu]
     Full Idea: I do not believe that anyone of [that small part of a nation that is rich and voluptuous] would submit to a lottery determining which part of the nation would be free, and which slave.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.09)
     A reaction: Wonderful! This is exactly Rawls's 'initial position' and 'veil of ignorance'. It is used here to deconstruct implausible arguments in favour of slavery.
24. Political Theory / B. Nature of a State / 1. Purpose of a State
All states aim at preservation, and then have distinctive individual purposes [Montesquieu]
     Full Idea: Although all states share the same general objective, to preserve themselves, each has its own particular purpose (such as aggrandisement, war, religion, commerce, tranquillity, navigation, liberty, pleasures of the ruler, glory, individual independence).
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.05)
     A reaction: [he gives examples for each of the list in brackets] I'm trying to think of the distinctive purpose of the UK, and can't get beyond sport, music gigs and comedy shows.
24. Political Theory / C. Ruling a State / 2. Leaders / a. Autocracy
The natural power of a father suggests rule by one person, but that authority can be spread [Montesquieu]
     Full Idea: Some have thought that because nature has established the power of the parent, the most natural government is that of a single person. But the example of paternal power proves nothing. The inheritance by a father's brothers would support rule by the many.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.03)
     A reaction: [last bit compressed] Locke pointed out that the mother has similar entitlement, and he and Rousseau agree in rejecting this idea.
24. Political Theory / C. Ruling a State / 2. Leaders / b. Monarchy
Monarchies can act more quickly, because one person is in charge [Montesquieu]
     Full Idea: Monarchical government has the great advantage that, since public business is guided by a single person, the executive power can operate more speedily.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.10)
     A reaction: Liberal democracies are particularly hopeless at quick action, because so many views have to be heard.
The nobility are an indispensable part of a monarchy [Montesquieu]
     Full Idea: In a sense, nobility is one part of the essence of monarchy, whose fundamenta maxim is: 'without a monarchy, no nobility; without a nobility, no monarchy'. There are, of course, despots, but they are something else.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.04)
     A reaction: Hence the worst vice associated with a monarchy is patronage, even when the monarch is weak and 'constitutional'.
Monarchs must not just have links to the people; they need a body which maintains the laws [Montesquieu]
     Full Idea: In a monarchy, it is not enough to have intermediary ranks; there must also be a body that is a depositary of laws. They must announce the laws when they are made, and recall them to the public's attention when they are forgotten.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.04)
     A reaction: This is the crucial difference between a monarch and a despot, because the monarch must be subservient to the law.
Ambition is good in a monarchy, because the monarch can always restrain it [Montesquieu]
     Full Idea: In a republic ambition is pernicious, but in a monarchy it has a good effect; it gives life to that type of government. Its advantage lies in that it is not dangerous, because a monarchy can continue to restrain it.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 03.07)
     A reaction: That is sometimes offered as a defence of the very weak British monarchy.
In monarchies, men's actions are judged by their grand appearance, not their virtues [Montesquieu]
     Full Idea: In monarchies, men's actions are judged, not by whether they are good, but whether they appear attractive [belles]; not by whether they are just, but whether they appear grand; not by whether they are reasonable, but by whether they appear extraordinary.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 04.02)
     A reaction: A person that comes to mind is the Duke of Buckingham under James I and Charles I. Or the Earl of Essex under Elizabeth I.
In a monarchy, the nobility must be hereditary, to bind them together [Montesquieu]
     Full Idea: In a monarchy, the laws must make the nobility hereditary, not to serve as the boundary between the power of the ruler and the weakness of the people, but as the tie that binds them together....
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.09)
     A reaction: This seems rather disingenuous. If the nobility are bound together in some tight manner, this immediately serves as a sharp boundary between them and the rest of the people. Monarchs are bound to want the strict boundary.
24. Political Theory / C. Ruling a State / 2. Leaders / c. Despotism
A despot's agents must be given power, so they inevitably become corrupt [Montesquieu]
     Full Idea: A government cannot be unjust without putting some power in the hands of its agents; it is impossible that they not profit from their position. Embezzlement is, therefore, natural to such governments.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.15)
Despotism and honour are incompatible, because honour scorns his power, and lives by rules [Montesquieu]
     Full Idea: How could a despot permit honour? Honour depends upon scorning life; the despot has power only because he can deprive men of life. How could honour tolerate the despot? Honour has fixed rules, ...but the despot has no rule.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 03.08)
     A reaction: The old German aristocracy seem to have been utterly alienated and isolated by the Nazi regime.
Tyranny is either real violence, or the imposition of unpopular legislation [Montesquieu]
     Full Idea: There are two sorts of tyranny: that which is real and consists of the violence of government; and the tyranny of opinion, when those who govern institute things contrary to a nation's mode of thought.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 19.03)
     A reaction: By this reckoning the abolition of the death penalty by the UK partliament was tyrannous, as it went against popular enthusiasm for it. Representative democracy is always in danger of drifting towards mild tyranny.
The will of a despot is an enigma, so magistrates can only follow their own will [Montesquieu]
     Full Idea: Under despotism, the law is nothing more than the will of the ruler. Even if the despot were wise, how could a magistrate follow a will unknown to him? He has no choice but to follow his own.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.16)
Despots are always lazy and ignorant, so they always delegate their power to a vizier [Montesquieu]
     Full Idea: Anyone whom his senses inform continually that he is everything, and others nothing, is naturally lazy, voluptuous, and ignorant. Hence the establishment of a vizier, with power the same as his own, is a law fundamental to a despotic state.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.05)
24. Political Theory / C. Ruling a State / 2. Leaders / d. Elites
If the nobility is numerous, the senate is the artistocracy, and the nobles are a democracy [Montesquieu]
     Full Idea: When the nobility is numerous, there must be a senate to regulate those matters which the body of nobles is incapable of deciding. Thus aristocracy of a kind resides in the senate, democracy in the body of nobles, while the people is nothing.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.03)
     A reaction: This presumes that the body of nobles elects the senate.
Aristocracy is democratic if they resemble the people, but not if they resemble the monarch [Montesquieu]
     Full Idea: Aristocratic families ought to be, as much as possible, members of the people. The more an aristocracy resembles a democracy, the more perfect it is; the more it resembles a monarchy, the more imperfect.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.03)
     A reaction: Aristocrats far from the big cities seem remarkably like the rest of the people. As soon as they approach the monarch's court, they aspire to dignity and power, and begin to spurn the citizens.
Great inequality between aristocrats and the rest is bad - and also among aristocrats themselves [Montesquieu]
     Full Idea: In aristocratic state there are two main sources of disorders: excessive inequality between those who govern and those who are governed, and the same degree of inequality among the different members of the ruling group [corps].
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.08)
     A reaction: This sounds like a very historically accurate observation, since aristocrats are always at one another's throats. But maybe junior aristocrats just need to be kept more firmly in their place.
24. Political Theory / C. Ruling a State / 3. Government / a. Government
If a government is to be preserved, it must first be loved [Montesquieu]
     Full Idea: Government is like everything else in this world: if it is to be preserved, it must first be loved.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 04.05)
     A reaction: Nice one! Right now there seems to be a declining love for representative democracy, even though almost everyone endorses it.
A government has a legislature, an international executive, and a domestic executive [Montesquieu]
     Full Idea: In every government there are three sorts of powers: the legislative; the executivem in regard to those matters determined by the laws of nations; and the executive, in regard to those matters determined by civil law.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)
24. Political Theory / C. Ruling a State / 3. Government / b. Legislature
The judiciary must be separate from the legislature, to avoid arbitrary power [Montesquieu]
     Full Idea: Were the judicial power joined to the legislative, the life and liberty of the citizens would be subject to arbitrary power. For the judge would then be the legislator.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)
     A reaction: This is the key 'separation of powers', which seems to be a mantra for nearly all theories of the state.
24. Political Theory / D. Ideologies / 5. Democracy / b. Consultation
The fundamental laws of a democracy decide who can vote [Montesquieu]
     Full Idea: The laws fundamental to a democracy are those that establish who is eligible to vote. (p.118 No less fundamental is the method of voting itself).
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.02)
     A reaction: Tricky groups now are teenagers, convicted criminals, people with damaged brains, and citizens who live abroad. Maybe people who evade paying tax should lose the right to vote.
It is basic to a democracy that the people themselves must name their ministers [Montesquieu]
     Full Idea: A democratic people may be said to have ministers only when these have been named by the people itself. Thus it is a maxim fundamental to this type of government that the people must name its ministers.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.02)
     A reaction: In the UK we don't do this. We elect local representatives, usually of a preferred party, and then they chose the ministers, and even the leader. The people who run our country are a long way from direct democracy.
Voting should be public, so the lower classes can be influenced by the example of notable people [Montesquieu]
     Full Idea: When the people votes it should do so in public. ...For it is necessary that the lower classes be enlightened by those of higher rank, that the precipitous qualities of the lower classes be held in check by the grave example of certain notables.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.02)
     A reaction: This sounds shocking to us, but the lower classes were largely illiterate. Nowadays we have television to tell us how the notables are going to vote, and the less notables seem to be increasingly unimpressed.
All citizens (apart from the very humble poor) should choose their representatives [Montesquieu]
     Full Idea: All citizens ought to have the right to choose their representatives by election. The only exception concerns those whose condition is so base that they are considered to have no will of their own.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)
     A reaction: This is an amazingly liberal view of the franchise for its time (though he may not be including women), but with a rather breathtaking coda! It may be hard for us now to grasp the very humble state of an illiterate peasant.
24. Political Theory / D. Ideologies / 5. Democracy / c. Direct democracy
In a democracy the people should manage themselves, and only delegate what they can't do [Montesquieu]
     Full Idea: In a democracy, the people, which holds the sovereign power, ought itself to do everything it can do well; that which it cannot do well must be done by its ministers.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.02)
     A reaction: This is just what you see when a group of residents manages their own building. Citizens in representative democracies become utterly lazy about running their society, so that they won't even pick up litter, or report communal problems.
A democratic assembly must have a fixed number, to see whether everyone has spoken [Montesquieu]
     Full Idea: It is essential to fix the number of citizens who can participate in assemblies. Otherwise it would be uncertain whether all the people had spoken, or only a part of it. At Sparta the number was fixed at ten thousand.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.02)
     A reaction: This looks like an immediate injustice to the citizen who came 10,001 in the rankings. 10,000 is just a smallish football crowd, so we could manage it today. We could pick the 10,000 by sortition (by lot). Most people are fairly sensible!
24. Political Theory / D. Ideologies / 5. Democracy / d. Representative democracy
If deputies represent people, they are accountable, but less so if they represent places [Montesquieu]
     Full Idea: When the deputies represent the body or estate of the people, as in Holland, they ought to be accountable to their constituents. When the deputies represent boroughs, as in England, the situation is not the same.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.06)
     A reaction: Not sure how this works. Modern UK MPs are accountable to the residents of their borough. Did the Dutch actually name the citizens that a deputy represented?
25. Social Practice / A. Freedoms / 1. Slavery
Slaves are not members of the society, so no law can forbid them to run away [Montesquieu]
     Full Idea: What civil law could prevent a slave from running away? Since he is not a member of society, why should the laws of society concern him?
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: Hm. Does this apply to children, who can't vote or stand for office?
Slavery is entirely bad; the master abandons the virtues, and they are pointless in the slave [Montesquieu]
     Full Idea: There is nothing good about the nature of slavery. The slave can achieve nothing by being virtuous. The master acquires all sorts of bad habits, and is accustomed to behaving with a total lack of moral virtues.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.01)
     A reaction: Most slavery of that time took place in colonies, far remote from the moral judgments of the mother country. The temptations of such power over others are far too great for most masters to live virtuously.
The demand for slavery is just the masters' demand for luxury [Montesquieu]
     Full Idea: The demand for slavery is the demand for luxury and voluptuousness; it has nothing to do with concern for public felicity.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.09)
     A reaction: True monarchists and aristocratic elitists presumably think that a society should have one part which lives in great luxury. Where else are the fine arts and wonderful buildings going to come from?
25. Social Practice / A. Freedoms / 3. Free speech
Freedom of speech and writing, within the law, is essential to preserve liberty [Montesquieu]
     Full Idea: If a state is to enjoy and preserve liberty, everyone must be able to say what he thinks. In a free state, therefore, a citizen may speak and write anything not expressly forbidden by the laws.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 19.27)
     A reaction: A commonplace now, but fairly bold then. I blame Freeborn John Lilburne for wild ideas like these.
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
Freedom in society is ability to do what is right, and not having to do what is wrong [Montesquieu]
     Full Idea: In a society where laws exist, liberty can consist only in being able to do what one ought to will, and in not being contrained to do what one ought not to will. ...If a citizen could do what the law prohibits, all others would have the same power.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.03)
     A reaction: This sounds pretty quaint in 2017, but I love it.
25. Social Practice / B. Equalities / 1. Grounds of equality
No one even thinks of equality in monarchies and despotism; they all want superiority [Montesquieu]
     Full Idea: In monarchies and despotic states, no one aspires to equality. Not even the idea occurs; everyone aspires to superiority. People of the very lowest rank only wish to rise in order to become masters of others.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.04)
Equality is not command by everyone or no one, but command and obedience among equals [Montesquieu]
     Full Idea: The spirit of true equality consists, not in creating a situation in which everyone commands, or in which no one is commanded, but rather in obeying or commanding only our equals.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.03)
     A reaction: I love this idea, but it is so easy to feel superior when you command, or to feel inferior when you are commanded. I take the solution to be the appointment of everyone in authority by those they will command (but fat chance of that).
25. Social Practice / B. Equalities / 2. Political equality
Democracy is corrupted by lack of equality, or by extreme equality (between rulers and ruled) [Montesquieu]
     Full Idea: Democracy is corrupted in two ways: when it loses the spirit of equality, and when the spirit of equality becomes extreme, that is, when everyone wishes to be the equal of those he has chosen to command him.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.02)
     A reaction: The latter seems to be what happens when a referendum is called (as in Brexit 2016). The winners come to despise the elected representatives, if the latter disagree with the outcome.
25. Social Practice / B. Equalities / 4. Economic equality
Democracies may sometimes need to restrict equality [Montesquieu]
     Full Idea: In some cases, equality among citizens may be denied by democracy for the utility of democracy.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.05)
     A reaction: He cites people who make sacrifices for the public, and lower orders who are getting above themselves! The desire for equality quickly comes into conflict with other values.
Some equality can be achieved by social categories, combined with taxes and poor relief [Montesquieu]
     Full Idea: Equality is so difficult that exactitude is not possible. It is enough to place citizens by a census within categories that reduce or fix differences. Then laws compensate for inequalities by taxes on the rich and relief given to the poor.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.05)
     A reaction: [compressed] Placing citizens within categories (e.g. 'nobility') has long gone out of fashion. He doesn't say whether you tax the capital or the income of the rich.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit [Montesquieu]
     Full Idea: The relations of equity precede the positive laws that establish them. It is right to conform to laws in a society; intelligent beings should be grateful for benefits; we remain dependent on those who create us; an injury merits the same in return.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.01)
     A reaction: [the examples are compressed] A nice statement of the idea of natural law. It doesn't follow that because an injury merits retaliation, that it should be implemented (just that no one can complain if it happens).
Sensation gives animals natural laws, but knowledge can make them break them [Montesquieu]
     Full Idea: Animals have natural laws because they are united by sensation, ...but they do not invariably follow thieir natural laws; these are better observed by vegetables, which have neither knowledge nor sensation.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02)
     A reaction: With the example of vegetables the concept of natural law is drifting into the laws of nature, and evidently Montesquie makes no sharp distinction here.
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
The death penalty is permissible, because its victims enjoyed the protection of that law [Montesquieu]
     Full Idea: It is permissible to put a criminal to death because the law that punishes him was made to protect him. For example, a murderer has enjoyed the benefits of the law by which he is condemned.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: Dubious! We could add torture, and life imprisonment for parking offences, if this argument is sufficient justification.
If religion teaches determinism, penalties must be severe; if free will, then that is different [Montesquieu]
     Full Idea: When religion teaches that human actions are predetermined, penalties imposed by law ought to be more severe, for without these measures men would behave with complete abandon. If the dogma of religion is free will, the situation is altogether different.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 24.14)
     A reaction: Presumably persuasion and influence come into the free will picture. Calvinist Geneva was determinist, and Catholic France for free will.
25. Social Practice / E. Policies / 1. War / d. Non-combatants
The only right victors have over captives is the protection of the former [Montesquieu]
     Full Idea: War can confer only one right over captives, and that is to ensure that they no longer harm victors.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: He is arguing against both the killing of captives, and their enslavement.
25. Social Practice / E. Policies / 2. Religion in Society
The clergy are essential to a monarchy, but dangerous in a republic [Montesquieu]
     Full Idea: The power of the clergy is as dangerous in a republic, as it is appropriate to a monarchy.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.04)
     A reaction: This makes me look at the UK in a new light, with the clergy hovering around when the monarch is crowned, and the bishops sitting by right in the House of Lords.
Religion has the most influence in despotic states, and reinforces veneration for the ruler [Montesquieu]
     Full Idea: In these [despotic] states, religion has more influence than anywhere else; it is fear added to fear. The peoples of the Mohammedan empires in part derive from their religion their extraordinary veneration for their rulers.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.14)
     A reaction: I suppose religions have submission to authority built into them.
Religion can support the state when the law fails to do so [Montesquieu]
     Full Idea: Religion can support the state when the laws themselves lack the power to do so.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 24.16)
     A reaction: A thought which didn't occur to Spinoza, but then the thought merely confirms that religion offers a rival to the rule of law.
French slavery was accepted because it was the best method of religious conversion [Montesquieu]
     Full Idea: Louis XIII was made extremely uneasy by the law that enslaved all the negroes in his colonies. But when told that this was the most efficacious way of converting them, he gave his consent.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.04)
     A reaction: That is a spectaculary bad advert for giving an established religion a leading role in society. It is relevant to the upbringing of children, as well as to slaves.
25. Social Practice / E. Policies / 5. Education / a. Aims of education
In monarchies education ennobles people, and in despotisms it debases them [Montesquieu]
     Full Idea: Just as the purpose of education in monarchies is to ennoble men's hearts, so its purpose in despotic states is to debase them. In despotic states education must be servile.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 04.03)
     A reaction: This is an early insight into the way that all social institutions, such as education, are largely pawns of a larger political system.
25. Social Practice / E. Policies / 5. Education / c. Teaching
Teaching is the best practice of the general virtue that leads us to love everyone [Montesquieu]
     Full Idea: It is when we instruct others that we can best practice that general virtue which teaches us to love everyone.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], Preface)
     A reaction: A very nice thought. One tricky issue is that some people dislike, and even resent, being taught. If we all just adored both teaching and learning, we would be in a sort of paradise, but it doesn't seem to happen.
25. Social Practice / F. Life Issues / 6. Animal Rights
We favour our own animals over foreign ones because we see them as fellow citizens [Scruton]
     Full Idea: We don't give help to British animals (through the RSPCA) rather than foreign animals because of their nearness or needs, but because of our sense of them as fellow citizens.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.104)
     A reaction: A bit strong. It may, in fact, be because we look after them the way we look after the rest of our property. Even Kantians can be sentimental sometimes.
Animals command our sympathy and moral concern initially because of their intentionality [Scruton]
     Full Idea: It seems to me that the concept of intentionality introduces the first genuine claim of animals upon our sympathies and our moral concern.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.16)
     A reaction: Good. If one's approach to morality is Humean (via sympathy) this seems right. Utilitarianism bases animal rights on qualia (pleasures and pains).
Letting your dog kill wild rats, and keeping rats for your dog to kill, are very different [Scruton]
     Full Idea: There is a difference between the person who allows his terrier to kill wild rats, and the person who keeps tame rats for his terrier to kill.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.87)
     A reaction: There are areas in the middle, where I encourage pheasants to breed 'wild' on my land. The purchase of a Rottweiller also tests the moral boundaries here.
Many of the stranger forms of life (e.g. worms) interest us only as a species, not as individuals [Scruton]
     Full Idea: Most of the stranger forms of life (worms, fleas, locusts etc.) are not really suitors for our moral concern, and interest us primarily as species, and only rarely as individuals.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.13)
     A reaction: Interesting, but that seems to reflect on us, rather than cutting nature at the joints. As soon as you look closely, you recognise an individual rather than a member of a species.
An animal has individuality if it is nameable, and advanced animals can respond to their name [Scruton]
     Full Idea: An animal has acquired individuality if the gift of a proper name seems appropriate, the high point being reached with animals such as dogs which actually respond to their own name.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.39)
     A reaction: Interesting, even though it is rather chauvinistic. I might name the fleas in my circus, but regard a whole section of the human race as indistinguishable and not worth naming.
I may avoid stepping on a spider or flower, but fellow-feeling makes me protect a rabbit [Scruton]
     Full Idea: I instinctively recoil from stepping on a spider or a forget-me-knot in my path, but neither of these responses expresses the fellow-feeling that forbids me to step on a rabbit or a mouse.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.41)
     A reaction: It is fellow-feeling that makes us prefer mammals to reptiles. It seems wrong to build a moral system purely on empathy, because psychopaths don't even empathise with nice human beings. Externalism in morality.
Lucky animals are eaten by large predators, the less lucky starve, and worst is death by small predators [Scruton]
     Full Idea: Lucky animals die in the jaws of a large predator; predators themselves are less lucky, when they die of lingering starvation; least fortunate are those killed by smaller creatures, such as maggots and bacteria.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.43)
     A reaction: A nice insight, even if it does slide into claiming that we are simply large predators, and that therefore fox-hunting is a virtue…
We can easily remove the risk of suffering from an animal's life, but we shouldn't do it [Scruton]
     Full Idea: It is easy to remove the risk of suffering from an animal's life, but the result is not a life which an animal should lead.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.44)
     A reaction: I'm not clear where the "should" derives from here. You can't save them all, and large interventions would destroy the ecosystem. But should we never, say, put a victim out of its misery?
Sheep and cattle live comfortable lives, and die an enviably easy death [Scruton]
     Full Idea: Sheep and beef cattle live a quiet and comfortable life among their companions, and are despatched in ways which human beings, if they are rational, must surely envy.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.81)
     A reaction: No rational person could envy a premature death, and we don't wait for cattle to be old before eating them. A quick death is little consolation for being murdered, and many people would prefer a slower death (without agony, of course).
Concern for one animal may harm the species, if the individual is part of a bigger problem [Scruton]
     Full Idea: Too much concern for individual animals may in fact harm the species, by promoting diseased or degenerate members, or preventing population control.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.87)
     A reaction: Okay till we reach human beings, where this principle won't go away, even if further principles about personhood, rationality and deep sympathy enter the picture. We can't be utilitarian about animals, and something else about humans.
Animals are outside the community of rights, but we still have duties towards them [Scruton]
     Full Idea: Animals exist outside the web of reciprocal rights and obligations, created by dialogue, but because they have no rights it does not mean that we have no duties towards them.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.97)
     A reaction: The modern Kantian view of animals, though Kant struggled to show why we might have any duties to animals. Is mere compassion enough to produce a duty, or is it a luxurious indulgence of our nature?
Brutal animal sports are banned because they harm the personality of the watcher [Scruton]
     Full Idea: Dog-fights and bear-baiting are naturally forbidden by law, because they threaten the personality of those who attend them.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.107)
     A reaction: Hm. If this is so, it is mainly because it takes place in a closed pen, where we can get a close look at the brutality and blood. It could be said to be more honest than hunting with gun or hounds. 'Go on eyes, look your worst'.
Many breeds of animals have needs which our own ancestors planted in them [Scruton]
     Full Idea: Many breeds of animals have needs which our own ancestors planted in them.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.75)
     A reaction: He is talking about race horses and St Bernards. This doesn't avoid the moral dilemma, because we could race horses die out if we thought we had created a bad life for them.
Introducing a natural means of controlling animal population may not be very compassionate [Scruton]
     Full Idea: It is hard to believe that those who would introduce wolves as a means of controlling the deer population have much sympathy for deer.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.91)
     A reaction: Good point. If we assume that culling is required at all, then the decisive human actions which shock us on television may be nicer than the natural deaths that occur during the night.
26. Natural Theory / D. Laws of Nature / 8. Scientific Essentialism / c. Essence and laws
Laws are the necessary relations that derive from the nature of things [Montesquieu]
     Full Idea: Laws, in the broadest meaning of the term, are the necessary relations that derive from the nature of things.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.01)
     A reaction: Montesquieu is about to discuss social laws, but this is the clearest statement I have ever met of the essentialist view of the laws of nature.