Combining Texts

All the ideas for 'fragments/reports', 'Law,Liberty and Morality' and 'A Dictionary of Political Thought'

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19 ideas

21. Aesthetics / C. Artistic Issues / 7. Art and Morality
Musical performance can reveal a range of virtues [Damon of Ath.]
     Full Idea: In singing and playing the lyre, a boy will be likely to reveal not only courage and moderation, but also justice.
     From: Damon (fragments/reports [c.460 BCE], B4), quoted by (who?) - where?
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'.
Consequentialism emphasises value rather than obligation in morality [Scruton]
     Full Idea: According to consequentialism, the fundamental concept of morality is not obligation (deontological ethics) but value (axiological ethics).
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'consequentialism')
     A reaction: These two views could come dramatically apart, in wartime, or in big ecological crises, or in a family breakup, or in religious disputes. Having identified the pair so clearly, why can we not aim for a civilised (virtuous) balance between the two?
23. Ethics / C. Virtue Theory / 3. Virtues / h. Respect
Altruism is either emotional (where your interests are mine) or moral (where they are reasons for me) [Scruton]
     Full Idea: Two distinct motives go by the name of altruism: the emotions of liking, love and friendship, making another's interest automatically mine; and the moral motive of respect or considerateness, where another's interests become reasons for me, but not mine.
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'altruism')
     A reaction: The second one has a strongly Kantian flavour, with its notion of impersonal duty. Virtue theorists will aspire to achieve the first state rather than the second, because good actions are then actively desired, and give pleasure to the doer.
24. Political Theory / A. Basis of a State / 3. Natural Values / c. Natural rights
The idea of a right seems fairly basic; justice may be the disposition to accord rights to people [Scruton]
     Full Idea: The idea of a right seems to be as basic as any other; we might even define justice in terms of it, as the disposition to accord to every person his rights.
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'rights')
     A reaction: I am inclined to think that a set of fairly pure values (such as equality, kindness, sympathy, respect) must be in place before the idea of a right would occur to anyone. Aristotle has a powerful moral sense, but rights for slaves don't cross his mind.
24. Political Theory / D. Ideologies / 3. Conservatism
Allegiance is fundamental to the conservative view of society [Scruton]
     Full Idea: Conservatives have made the concept of allegiance, conceived as a power, fundamental to their description of the experience of society
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'allegiance')
     A reaction: This provokes the famous slogan of "My country - right or wrong!" However, the issue here is not going to be decided by a consequentialist analysis, but by a view a of human nature. I think I would want to carefully prise allegiance apart from loyalty.
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 / 5. Democracy / f. Against democracy
Democrats are committed to a belief and to its opposite, if the majority prefer the latter [Scruton]
     Full Idea: The paradox of democracy (emphasised by Rousseau) is that I am compelled by my belief in democracy to embrace conflicting - perhaps even contradictory - opinions. If I believe A, and the majority vote for B, I am committed to enacting them both.
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'paradox of democracy')
     A reaction: The paradox would have to be resolved by qualifying what exactly one is committed to by being a democrat. I would say I am committed to the right of my opponents to enact a policy with which I disagree.
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.
Liberals focus on universal human freedom, natural rights, and tolerance [Scruton, by PG]
     Full Idea: Liberalism believes (roughly) in the supremacy of the individual, who has freedom and natural rights; it focuses on human, not divine affairs; it claims rights and duties are universal; and it advocates tolerance in religion and morality.
     From: report of Roger Scruton (A Dictionary of Political Thought [1982], 'liberalism') by PG - Db (ideas)
     A reaction: I find it hard to disagree with these principles, but the upshot in practice is often an excessive commitment to freedom and tolerance, because people fail to realise the subtle long-term erosions of society that can result.
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 / 2. The Law / d. Legal positivism
For positivists law is a matter of form, for naturalists it is a matter of content [Scruton]
     Full Idea: For the positivist, law is law by virtue of its form; for the naturalist, by virtue of its content.
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'law')
     A reaction: Clearly a perverse and 'unnatural' social rule (backed by government and implied force) is a 'law' in some sense of the word. It is hard to see how you could gain social consensus for a law if it didn't appear in some way to be 'natural justice'.
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.
25. Social Practice / F. Life Issues / 3. Abortion
The issue of abortion seems insoluble, because there is nothing with which to compare it [Scruton]
     Full Idea: The issue of abortion is intractable, partly because of the absence of any other case to which it can be assimilated.
     From: Roger Scruton (A Dictionary of Political Thought [1982], 'abortion')
     A reaction: This is the legalistic approach to the problem, which always looks for precedents and comparisons. All problems must hav solutions, though (mustn't they?). The problem, though, is not the value of the foetus, but the unique form of 'ownership'.