Combining Texts

All the ideas for 'Exigency to Exist in Essences', 'Moral Realism and Moral Dilemma' and 'Law,Liberty and Morality'

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14 ideas

7. Existence / A. Nature of Existence / 5. Reason for Existence
Possibles demand existence, so as many of them as possible must actually exist [Leibniz]
     Full Idea: From the conflict of all the possibles demanding existence, this at once follows, that there exists that series of things by which as many of them as possible exist.
     From: Gottfried Leibniz (Exigency to Exist in Essences [1690], p.91)
     A reaction: I'm in tune with a lot of Leibniz, but my head swims with this one. He seems to be a Lewisian about possible worlds - that they are concrete existing entities (with appetites!). Could Lewis include Leibniz's idea in his system?
God's sufficient reason for choosing reality is in the fitness or perfection of possibilities [Leibniz]
     Full Idea: The sufficient reason for God's choice can be found only in the fitness (convenance) or in the degree of perfection that the several worlds possess.
     From: Gottfried Leibniz (Exigency to Exist in Essences [1690], p.92)
     A reaction: The 'fitness' of a world and its 'perfection' seem very different things. A piece of a jigsaw can have wonderful fitness, without perfection. Occasionally you get that sinking feeling with metaphysicians that they just make it up.
10. Modality / E. Possible worlds / 1. Possible Worlds / a. Possible worlds
The actual universe is the richest composite of what is possible [Leibniz]
     Full Idea: The actual universe is the collection of the possibles which forms the richest composite.
     From: Gottfried Leibniz (Exigency to Exist in Essences [1690], p.92)
     A reaction: 'Richest' for Leibniz means a maximum combination of existence, order and variety. It's rather like picking the best starting team from a squad of footballers.
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'.
23. Ethics / C. Virtue Theory / 2. Elements of Virtue Theory / j. Unity of virtue
Maybe virtues conflict with each other, if some virtue needs a vice for its achievement [Foot]
     Full Idea: Maybe so far from forming a unity ...., the virtues actually conflict with each other: that is, if someone has one of them he inevitably fails to have some other. ...Maybe he a man can only be good in one way be being bad in another.
     From: Philippa Foot (Moral Realism and Moral Dilemma [1983], p.57)
     A reaction: She suggests the self-loathing needed to rein in evil desires. She cites Nietzsche having a similar thought. Presumably the ideal virtuous person has no such conflicts, and the self-loathing undermines eudaimonia. Unity in theory but not in practice?
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.