Combining Texts

All the ideas for 'Mahaprajnaparamitashastra', 'Essential vs Accidental Properties' and 'Law,Liberty and Morality'

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17 ideas

9. Objects / C. Structure of Objects / 2. Hylomorphism / a. Hylomorphism
The extremes of essentialism are that all properties are essential, or only very trivial ones [Rami]
     Full Idea: It would be natural to label one extreme view 'maximal essentialism' - that all of an object's properties are essential - and the other extreme 'minimal' - that only trivial properties such as self-identity of being either F or not-F are essential.
     From: Adolph Rami (Essential vs Accidental Properties [2008])
     A reaction: Personally I don't accept the trivial ones as being in any way describable as 'properties'. The maximal view destroys any useful notion of essence. Leibniz is a minority holder of the maximal view. I would defend a middle way.
9. Objects / D. Essence of Objects / 3. Individual Essences
An 'individual essence' is possessed uniquely by a particular object [Rami]
     Full Idea: An 'individual essence' is a property that in addition to being essential is also unique to the object, in the sense that it is not possible that something distinct from that object possesses that property.
     From: Adolph Rami (Essential vs Accidental Properties [2008], §5)
     A reaction: She cites a 'haecceity' (or mere bare identity) as a trivial example of an individual essence.
9. Objects / D. Essence of Objects / 5. Essence as Kind
'Sortal essentialism' says being a particular kind is what is essential [Rami]
     Full Idea: According to 'sortal essentialism', an object could not have been of a radically different kind than it in fact is.
     From: Adolph Rami (Essential vs Accidental Properties [2008], §4)
     A reaction: This strikes me as thoroughly wrong. Things belong in kinds because of their properties. Could you remove all the contingent features of a tiger, leaving it as merely 'a tiger', despite being totally unrecognisable?
9. Objects / D. Essence of Objects / 7. Essence and Necessity / b. Essence not necessities
Unlosable properties are not the same as essential properties [Rami]
     Full Idea: It is easy to confuse the notion of an essential property that a thing could not lack, with a property it could not lose. My having spent Christmas 2007 in Tennessee is a non-essential property I could not lose.
     From: Adolph Rami (Essential vs Accidental Properties [2008], §1)
     A reaction: The idea that having spent Christmas in Tennessee is a property I find quite bewildering. Is my not having spent my Christmas in Tennessee one of my properties? I suspect that real unlosable properties are essential ones.
10. Modality / A. Necessity / 3. Types of Necessity
Physical possibility is part of metaphysical possibility which is part of logical possibility [Rami]
     Full Idea: The usual view is that 'physical possibilities' are a natural subset of the 'metaphysical possibilities', which in turn are a subset of the 'logical possibilities'.
     From: Adolph Rami (Essential vs Accidental Properties [2008], §1)
     A reaction: [She cites Fine 2002 for an opposing view] I prefer 'natural' to 'physical', leaving it open where the borders of the natural lie. I take 'metaphysical' possibility to be 'in all naturally possible worlds'. So is a round square a logical possibility?
10. Modality / B. Possibility / 2. Epistemic possibility
If it is possible 'for all I know' then it is 'epistemically possible' [Rami]
     Full Idea: There is 'epistemic possibility' when it is 'for all I know'. That is, P is epistemically possible for agent A just in case P is consistent with what A knows.
     From: Adolph Rami (Essential vs Accidental Properties [2008], §1)
     A reaction: Two problems: maybe 'we' know, and A knows we know, but A doesn't know. And maybe someone knows, but we are not sure about that, which seems to introduce a modal element into the knowing. If someone knows it's impossible, it's impossible.
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 / 3. Virtues / a. Virtues
The six perfections are giving, morality, patience, vigour, meditation, and wisdom [Nagarjuna]
     Full Idea: The six perfections are of giving, morality, patience, vigour, meditation, and wisdom.
     From: Nagarjuna (Mahaprajnaparamitashastra [c.120], 88)
     A reaction: What is 'morality', if giving is not part of it? I like patience and vigour being two of the virtues, which immediately implies an Aristotelian mean (which is always what is 'appropriate').
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.