Combining Texts

All the ideas for 'Of Civil Liberty', 'Roman Law' and 'Actions'

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3 ideas

20. Action / A. Definition of Action / 5. Action as Trying
Bodily movements are not actions, which are really the tryings within bodily movement [Hornsby, by Stout,R]
     Full Idea: Hornsby claims the basic description of action is in terms of trying, that all actions (even means of doing other actions) are actions of trying, and that tryings (and therefore actions) are interior to bodily movements (which are thus not essential).
     From: report of Jennifer Hornsby (Actions [1980]) by Rowland Stout - Action 9 'Trying'
     A reaction: [compression of his summary] There is no regress with explaining the 'action' of trying, because it is proposed that trying is the most basic thing in all actions. If you are paralysed, your trying does not result in action. Too mentalistic?
24. Political Theory / C. Ruling a State / 2. Leaders / b. Monarchy
Modern monarchies are (like republics) rule by law, rather than by men [Hume]
     Full Idea: In modern times monarchical government seems to have made the greatest advances towards perfection. It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of laws, not of men.
     From: David Hume (Of Civil Liberty [1750], p.54)
     A reaction: Dreams of simple 'government by law' disappeared with the rise of modern media, which can be controlled by wealth.
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
No crime and no punishment without a law [Roman law]
     Full Idea: An ancient principle of Roman law states, nullum crimen et nulla poene sine lege, - there is no crime and no punishment without a law.
     From: [Roman law] (Roman Law [c.100]), quoted by A.C. Grayling - Among the Dead Cities Ch.6
     A reaction: That there is no 'punishment' without law seems the basis of civilization. Suppose a strong person imposed firm punishment in order to forestall more brutal revenge by others? What motivates the creation of criminal laws?