15 ideas
| 20183 | So-called 'though experiments' are just philosophers observing features of the world [Cappelen] |
| Full Idea: What are called 'thought experiments' in philosophy are in effect just philosophers drawing our attention to interesting features of the world. | |
| From: Herman Cappelen (Philosophy without Intuitions [2012], 11.3) | |
| A reaction: Thought experiments are said to rely (perhaps excessively) on 'intuition', but Cappelen says intuition is irrelevant, because we are merely making judgements. It think they ARE experiments, if one feature varies while the rest is held steady. |
| 20182 | The word 'intuitive' often plays not role at all in arguments, and can be removed [Cappelen] |
| Full Idea: Careful study of uses of 'intuitive' will reveal that it often plays no significant argumentative role, and that removal will improve overall argumentative transparency. | |
| From: Herman Cappelen (Philosophy without Intuitions [2012], 04.1) | |
| A reaction: This is a key part of Cappelen's argument that 'intuition' is a rather empty concept, and that philosophers do not really rely on it. In effect, he is consigning it to mere rhetoric. He gives lots of examples in support. |
| 6000 | The goal is rationality in the selection of things according to nature [Diogenes of Babylon, by Blank] |
| Full Idea: Diogenes of Babylon defined the goal to be rationality in the selection and rejection of the things according to nature. | |
| From: report of Diogenes (Bab) (fragments/reports [c.180 BCE]) by D.L. Blank - Diogenes of Babylon | |
| A reaction: This captures the central Stoic idea quite nicely. 'Live according to nature', but this always meant 'live according to reason', because that is (as Aristotle had taught) the essence of our nature. This only makes sense if reason and nature coincide. |
| 5999 | The good is what is perfect by nature [Diogenes of Babylon, by Blank] |
| Full Idea: Diogenes of Babylon defined the good as what is perfect by nature. | |
| From: report of Diogenes (Bab) (fragments/reports [c.180 BCE]) by D.L. Blank - Diogenes of Babylon | |
| A reaction: This might come close to G.E. Moore's Ideal Utilitarianism, but its dependence on the rather uneasy of concept of 'perfection' makes it questionable. Personally I find it appealing. I wish we had Diogenes' explanation. |
| 23529 | 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'. |
| 6001 | Justice is a disposition to distribute according to desert [Diogenes of Babylon, by Blank] |
| Full Idea: Diogenes of Babylon defined justice as the disposition which distributes to everyone what he deserves. | |
| From: report of Diogenes (Bab) (fragments/reports [c.180 BCE]) by D.L. Blank - Diogenes of Babylon | |
| A reaction: The questions that arise would be 'what does a new-born baby deserve?', and 'what do animals deserve?', and 'does the lowest and worst of criminals deserve anything at all?' |
| 23530 | 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. |
| 23522 | 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. |
| 23528 | 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. |
| 23523 | 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. |
| 23524 | 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. |
| 23521 | 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. |
| 23525 | 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? |
| 23526 | 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). |
| 23527 | 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. |