Combining Texts

All the ideas for 'fragments/reports', 'Emotivism' and 'The Concept of Law'

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10 ideas

13. Knowledge Criteria / E. Relativism / 2. Knowledge as Convention
By nature people are close to one another, but culture drives them apart [Hippias]
     Full Idea: I regard you all as relatives - by nature, not by convention. By nature like is akin to like, but convention is a tyrant over humankind and often constrains people to act contrary to nature.
     From: Hippias (fragments/reports [c.430 BCE]), quoted by Plato - Protagoras 337c8
22. Metaethics / A. Ethics Foundations / 2. Source of Ethics / h. Expressivism
How can emotivists explain someone who recognises morality but is indifferent to it? [Brink]
     Full Idea: It is not clear how the emotivist can accommodate the amoralist - one who recognises moral requirements but is indifferent to them.
     From: David O. Brink (Emotivism [1995], p.224)
     A reaction: Nietzsche recognised current morals, but was indifferent to them. It is hard to imagine, though, an amoralist who lacked all the feelings which imply morality.
Two people might agree in their emotional moral attitude while disagreeing in their judgement [Brink]
     Full Idea: Critics of emotivism claim that moral agreement need not track agreement in attitude; moralists with the same attitude can disagree in their views, and they can hold the same view while disagreeing in attitude.
     From: David O. Brink (Emotivism [1995], p.224)
     A reaction: Thus two racists can disagree about how racists should behave. Sounds like a good criticism.
Emotivists find it hard to analyse assertions of moral principles, rather than actual judgements [Brink]
     Full Idea: It is hard for the emotivist to give an analysis of the occurrence of moral ideas in unasserted contexts, such as "IF he did wrong, then he should be punished".
     From: David O. Brink (Emotivism [1995], p.224)
     A reaction: This is the 'Frege-Geach Problem'.
Emotivists claim to explain moral motivation by basing morality on non-cognitive attitudes [Brink]
     Full Idea: By stressing the intimate connection between moral judgements and the agent's non-cognitive attitudes, emotivists claim to capture the motivational properties of moral judgement.
     From: David O. Brink (Emotivism [1995], p.223)
     A reaction: The same claim is made by contractarians, who start from our universal self-interest. Emotivists also nicely capture the motivation properties of immoral judgements.
Emotivists tend to favour a redundancy theory of truth, making moral judgement meaningless [Brink]
     Full Idea: If you want to recognise the truth of some moral judgements, perhaps to make room for the possibility of moral mistakes, then one may not be satisfied with the emotivists' tendency to appeal to the redundancy theory of truth.
     From: David O. Brink (Emotivism [1995], p.224)
     A reaction: Probably thinking of Simon Blackburn. People who adopt a redundancy view of truth for semantics are left floundering when discussing what is true in the rest of philosophy.
Emotivism implies relativism about moral meanings, but critics say disagreements are about moral reference [Brink]
     Full Idea: Emotivism suggests that different feelings lead to different individual meanings for moral terms, but critics say that meanings are the same, and disagreement is about the extension (range of reference) of the terms.
     From: David O. Brink (Emotivism [1995], p.224)
     A reaction: It's hard to see how 'ought to p' could have quite different meanings for an emotivist and (say) a theistic moralist. 'Ought' is an obvious and simple word. Good criticism.
25. Social Practice / C. Rights / 1. Basis of Rights
Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen]
     Full Idea: Whereas Bentham saw rights as a 'child of law', Herbert Hart's view takes the form of seeing human rights as, in effect, 'parents of law'; they motivate specific legislations.
     From: report of H.L.A. Hart (The Concept of Law [1961]) by Amartya Sen - The Idea of Justice 17 'Ethics'
     A reaction: [He cites Hart 1955 'Are there any natural rights?'] I agree with Hart. It is clearer if the parents of law are not referred to as 'rights'. You can demand a right, but it is only a right when it is awarded to you.
25. Social Practice / D. Justice / 2. The Law / a. Legal system
Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]
     Full Idea: Hart says we have secondary legal 'rules of recognition', by which primary positive law is recognised and applied in a regulated manner.
     From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Rules'
     A reaction: The example of the authority of a particular court is given.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J]
     Full Idea: Hart replaced Austin's concept of positive law as sovereign command with a more democratic ideal. In modern law-based societies the authority of law depends on the people's acceptance of a law's enduring validity.
     From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Hart'
     A reaction: Presumably the ancestor of this view is the social contract of Hobbes and Locke.