Combining Texts

All the ideas for 'fragments/reports', 'Law,Liberty and Morality' and 'Laws in Nature'

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35 ideas

1. Philosophy / D. Nature of Philosophy / 6. Hopes for Philosophy
Science studies phenomena, but only metaphysics tells us what exists [Mumford]
     Full Idea: Science deals with the phenomena, ..but it is metaphysics, and only metaphysics, that tells us what ultimately exists.
     From: Stephen Mumford (Laws in Nature [2004], 01.2)
2. Reason / A. Nature of Reason / 1. On Reason
Many forms of reasoning, such as extrapolation and analogy, are useful but deductively invalid [Mumford]
     Full Idea: There are many forms of reasoning - extrapolation, interpolation, and other arguments from analogy - that are useful but deductively invalid.
     From: Stephen Mumford (Laws in Nature [2004], 04.4)
     A reaction: [He cites Molnar for this]
7. Existence / A. Nature of Existence / 1. Nature of Existence
For Humeans the world is a world primarily of events [Mumford]
     Full Idea: For Humeans the world is a world primarily of events.
     From: Stephen Mumford (Laws in Nature [2004], 03.6)
8. Modes of Existence / C. Powers and Dispositions / 2. Powers as Basic
Properties are just natural clusters of powers [Mumford]
     Full Idea: The view of properties I find most attractive is one in which they are natural clusters of, and exhausted by, powers (plus other connections to other properties).
     From: Stephen Mumford (Laws in Nature [2004], 10.6)
8. Modes of Existence / E. Nominalism / 1. Nominalism / a. Nominalism
A 'porridge' nominalist thinks we just divide reality in any way that suits us [Mumford]
     Full Idea: A 'porridge' nominalist denies natural kinds, and thinks there are no objective divisions in reality, so concepts or words can be used by a community to divide the world up in any way that suits their purposes.
     From: Stephen Mumford (Laws in Nature [2004], 07.3)
8. Modes of Existence / E. Nominalism / 2. Resemblance Nominalism
If properties are clusters of powers, this can explain why properties resemble in degrees [Mumford]
     Full Idea: If a cluster of ten powers exhausts property F, and property G differs in respect of just one power, this might explain why properties can resemble other properties and in different degrees.
     From: Stephen Mumford (Laws in Nature [2004], 10.6)
     A reaction: I love this. The most intractable problem about properties and universals is that of abstract reference - pink resembles red more than pink resembles green. If colours are clusters of powers, red and pink share nine out of ten of them.
9. Objects / D. Essence of Objects / 14. Knowledge of Essences
How can we show that a universally possessed property is an essential property? [Mumford]
     Full Idea: Essentialists fail to show how we ascend from being a property universally possessed, by all kind members, to the status of being an essential property.
     From: Stephen Mumford (Laws in Nature [2004], 07.5)
     A reaction: This is precisely where my proposal comes in - the essential properties, as opposed to the accidentaly universals, are those which explain the nature and behaviour of each kind of thing (and each individual thing).
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'.
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 / C. Causation / 9. General Causation / b. Nomological causation
Singular causes, and identities, might be necessary without falling under a law [Mumford]
     Full Idea: One might have a singularist view of causation in which a cause necessitates its effect, but they need not be subsumed under a law, ..and there are identities which are metaphysically necessary without being laws of nature.
     From: Stephen Mumford (Laws in Nature [2004], 04.5)
26. Natural Theory / C. Causation / 9. General Causation / c. Counterfactual causation
We can give up the counterfactual account if we take causal language at face value [Mumford]
     Full Idea: If we take causal language at face value and give up reducing causal concepts to non-causal, non-modal concepts, we can give up the counterfactual dependence account.
     From: Stephen Mumford (Laws in Nature [2004], 10.5)
26. Natural Theory / C. Causation / 9. General Causation / d. Causal necessity
It is only properties which are the source of necessity in the world [Mumford]
     Full Idea: If laws do not give the world necessity, what does? I argue the positive case for it being properties, and properties alone, that do the job (so we might call them 'modal properties').
     From: Stephen Mumford (Laws in Nature [2004], 10.1)
26. Natural Theory / D. Laws of Nature / 1. Laws of Nature
There are four candidates for the logical form of law statements [Mumford]
     Full Idea: The contenders for the logical form of a law statement are 1) a universally quantified conditional, 2) a second-order relation between first-order universals, 3) a functional equivalence, and 4) a dispositional characteristic of a natural kind.
     From: Stephen Mumford (Laws in Nature [2004], 10.3)
26. Natural Theory / D. Laws of Nature / 4. Regularities / a. Regularity theory
Would it count as a regularity if the only five As were also B? [Mumford]
     Full Idea: While it might be true that for all x, if Ax then Bx, would we really want to count it as a genuine regularity in nature if only five things were A (and all five were also B)?
     From: Stephen Mumford (Laws in Nature [2004], 03.3)
Regularities are more likely with few instances, and guaranteed with no instances! [Mumford]
     Full Idea: It seems that the fewer the instances, the more likely it is that there be a regularity, ..and if there are no cases at all, and no S is P, that is a regularity.
     From: Stephen Mumford (Laws in Nature [2004], 03.3)
     A reaction: [He attributes the second point to Molnar]
Pure regularities are rare, usually only found in idealized conditions [Mumford]
     Full Idea: Pure regularities are not nearly as common as might have been thought, and are usually only to be found in simplified or idealized conditions.
     From: Stephen Mumford (Laws in Nature [2004], 05.3)
     A reaction: [He cites Nancy Cartwright 1999 for this view]
Regularity laws don't explain, because they have no governing role [Mumford]
     Full Idea: A regularity-law does not explain its instances, because such laws play no role in determining or governing their instances.
     From: Stephen Mumford (Laws in Nature [2004], 09.7)
     A reaction: Good. It has always seemed to me entirely vacuous to explain an event simply by saying that it falls under some law.
26. Natural Theory / D. Laws of Nature / 4. Regularities / b. Best system theory
If the best system describes a nomological system, the laws are in nature, not in the description [Mumford]
     Full Idea: If the world really does have its own nomological structure, that a systematization merely describes, why are the laws not to be equated with the nomological structure itself, rather than with the system that describes it?
     From: Stephen Mumford (Laws in Nature [2004], 03.4)
The best systems theory says regularities derive from laws, rather than constituting them [Mumford]
     Full Idea: The best systems theory (of Mill-Ramsey-Lewis) says that laws are not seen as regularities but, rather, as those things from which regularities - or rather, the whole world history including the regularities and everything else - can be derived.
     From: Stephen Mumford (Laws in Nature [2004], 03.4)
     A reaction: Put this way, the theory invites questions about ontology. Regularities are just patterns in physical reality, but axioms are propositions. So are they just features of human thought, or do these axioms actuallyr reside in reality. Too weak or too strong.
26. Natural Theory / D. Laws of Nature / 5. Laws from Universals
If laws can be uninstantiated, this favours the view of them as connecting universals [Mumford]
     Full Idea: If there are laws that are instantiated in no particulars, then this would seem to favour the theory that laws connect universals rather than particulars.
     From: Stephen Mumford (Laws in Nature [2004], 06.4)
     A reaction: There is a dispute here between the Platonic view of uninstantiated universals (Tooley) and the Aristotelian instantiated view (Armstrong). Mumford and I prefer the dispositional account.
Laws of nature are necessary relations between universal properties, rather than about particulars [Mumford]
     Full Idea: The core of the Dretske-Tooley-Armstrong view of the late 70s is that we have a law of nature when we have a relation of natural necessitation between universals. ..The innovation was that laws are about properties, and only indirectly about particulars.
     From: Stephen Mumford (Laws in Nature [2004], 06.2)
     A reaction: It sounds as if we should then be able to know the laws of nature a priori, since that was Russell's 1912 definition of a priori knowledge.
26. Natural Theory / D. Laws of Nature / 8. Scientific Essentialism / c. Essence and laws
Laws of nature are just the possession of essential properties by natural kinds [Mumford]
     Full Idea: If dispositional essentialism is granted, then there is a law of nature wherever there is an essential property of a natural kind; laws are just the havings of essential properties by natural kinds.
     From: Stephen Mumford (Laws in Nature [2004], 07.2)
     A reaction: [He is expounding Ellis's view]
26. Natural Theory / D. Laws of Nature / 8. Scientific Essentialism / d. Knowing essences
To distinguish accidental from essential properties, we must include possible members of kinds [Mumford]
     Full Idea: Where properties are possessed by all kind members, we must distinguish the accidental from essential ones by considering all actual and possible kind members.
     From: Stephen Mumford (Laws in Nature [2004], 07.5)
     A reaction: This is why we must treat possibilities as features of the actual world.
26. Natural Theory / D. Laws of Nature / 11. Against Laws of Nature
The Central Dilemma is how to explain an internal or external view of laws which govern [Mumford]
     Full Idea: The Central Dilemma about laws of nature is that, if they have some governing role, then they must be internal or external to the things governed, and it is hard to give a plausible account of either view.
     From: Stephen Mumford (Laws in Nature [2004], 09.2)
     A reaction: This dilemma is the basis of Mumford's total rejection of 'laws of nature'. I think I agree.
You only need laws if you (erroneously) think the world is otherwise inert [Mumford]
     Full Idea: Laws are a solution to a problem that was misconceived. Only if you think that the world would be otherwise inactive or inanimate, do you have the need to add laws to your ontology.
     From: Stephen Mumford (Laws in Nature [2004], 01.5)
     A reaction: This is a bold and extreme view - and I agree with it. I consider laws to be quite a useful concept when discussing nature, but they are not part of the ontology, and they don't do any work. They are metaphysically hopeless.
There are no laws of nature in Aristotle; they became standard with Descartes and Newton [Mumford]
     Full Idea: Laws do not appear in Aristotle's metaphysics, and it wasn't until Descartes and Newton that laws entered the intellectual mainstream.
     From: Stephen Mumford (Laws in Nature [2004], 01.5)
     A reaction: Cf. Idea 5470.