Combining Texts

All the ideas for 'The Really Hard Problem', 'Consistency and realism (with 1972 note)' and 'Law,Liberty and Morality'

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18 ideas

15. Nature of Minds / B. Features of Minds / 2. Unconscious Mind
Research suggest that we overrate conscious experience [Flanagan]
     Full Idea: The emerging consensus is that we probably overrate the power of conscious experience in our lives. Freud, of course, said the same thing for different reasons.
     From: Owen Flanagan (The Really Hard Problem [2007], 3 'Ontology')
     A reaction: [He cites Pockett, Banks and Gallagher 2006]. Freud was concerned with big deep secrets, but the modern view concerns ordinary decisions and perceptions. An important idea, which should incline us all to become Nietzscheans.
17. Mind and Body / E. Mind as Physical / 2. Reduction of Mind
Sensations may be identical to brain events, but complex mental events don't seem to be [Flanagan]
     Full Idea: There is still some hope for something like identity theory for sensations. But almost no one believes that strict identity theory will work for more complex mental states. Strict identity is stronger than type neurophysicalism.
     From: Owen Flanagan (The Really Hard Problem [2007], 3 'Ontology')
     A reaction: It is so hard to express the problem. What needs to be explained? How can one bunch of neurons represent many different things? It's not like computing. That just transfers the data to brains, where the puzzling stuff happens.
22. Metaethics / A. Ethics Foundations / 1. Nature of Ethics / f. Ethical non-cognitivism
We tolerate inconsistency in ethics but not in other beliefs (which reflect an independent order) [Williams,B, by Foot]
     Full Idea: Williams argued that we can tolerate inconsistency in moral principles though not in assertions, and that this is explained by the fact that it is the concern of the latter but not of the former to reflect an 'independent order of things'.
     From: report of Bernard Williams (Consistency and realism (with 1972 note) [1966]) by Philippa Foot - Moral Realism and Moral Dilemma p.37
     A reaction: Put like this, Williams seems to beg the question, which is whether there is an independent moral order to things. There seems to be an easy answer, which is that we are only intolerant of inconsistency when we are confident about it.
22. Metaethics / B. Value / 1. Nature of Value / b. Fact and value
Morality is normative because it identifies best practices among the normal practices [Flanagan]
     Full Idea: Morality is 'normative' in the sense that it consists of the extraction of ''good' or 'excellent' practices from common practices.
     From: Owen Flanagan (The Really Hard Problem [2007], 4 'Naturalism')
22. Metaethics / B. Value / 2. Values / f. Altruism
For Darwinians, altruism is either contracts or genetics [Flanagan]
     Full Idea: Two explanations came forward in the neo-Darwinian synthesis. Altruism is either 1) person-based reciprocal altruism, or 2) gene-based kin altruism.
     From: Owen Flanagan (The Really Hard Problem [2007], 2 'Darwin')
     A reaction: Flanagan obviously thinks there is also 'genuine psychological atruism'. Presumably we don't explain mathematics or music or the desire to travel as either contracts or genetics, so we have other explanations available.
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'.
22. Metaethics / C. The Good / 2. Happiness / b. Eudaimonia
We need Eudaimonics - the empirical study of how we should flourish [Flanagan]
     Full Idea: It would be nice if I could advance the case for Eudaimonics - empirical enquiry into the nature, causes, and constituents of flourishing, …and the case for some ways of living and being as better than others.
     From: Owen Flanagan (The Really Hard Problem [2007], 4 'Normative')
     A reaction: Things seem to be moving in that direction. Lots of statistics about happiness have been appearing.
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.
24. Political Theory / D. Ideologies / 9. Communism
Alienation is not finding what one wants, or being unable to achieve it [Flanagan]
     Full Idea: What Marx called 'alienation' is the widespread condition of not being able to discover what one wants, or not being remotely positioned to achieve.
     From: Owen Flanagan (The Really Hard Problem [2007], 2 'Expanding')
     A reaction: I took alienation to concern people's relationship to the means of production in their trade. On Flanagan's definition I would expect almost everyone aged under 20 to count as alienated.
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.
29. Religion / C. Spiritual Disciplines / 3. Buddhism
Buddhists reject God and the self, and accept suffering as key, and liberation through wisdom [Flanagan]
     Full Idea: Buddhism rejected the idea of a creator God, and the unchanging self [atman]. They accept the appearance-reality distinction, reward for virtue [karma], suffering defining our predicament, and that liberation [nirvana] is possible through wisdom.
     From: Owen Flanagan (The Really Hard Problem [2007], 3 'Buddhism')
     A reaction: [Compressed] Flanagan is an analytic philosopher and a practising Buddhist. Looking at a happiness map today which shows Europeans largely happy, and Africans largely miserable, I can see why they thought suffering was basic.