Combining Texts

All the ideas for 'fragments/reports', 'Law,Liberty and Morality' and 'Virtues and Vices'

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20 ideas

1. Philosophy / A. Wisdom / 1. Nature of Wisdom
We take courage, temperance, wisdom and justice as moral, but Aristotle takes wisdom as intellectual [Foot]
     Full Idea: For us there are four cardinal moral virtues: courage, temperance, wisdom and justice. But Aristotle and Aquinas call only three of these virtues moral virtues; practical wisdom (phronesis, prudentia) they class with the intellectual virtues.
     From: Philippa Foot (Virtues and Vices [1978], p.2)
     A reaction: I'm not sure about 'for us'. How many of us rank temperance as a supreme virtue? Aristotle ranks phronesis (which I think of as 'common sense') as the key enabler of the moral virtues, making it unlike the other intellectual virtues.
1. Philosophy / A. Wisdom / 2. Wise People
Wisdom is open to all, and not just to the clever or well trained [Foot]
     Full Idea: Knowledge that can be acquired only by someone who is clever or who has access to special training is not counted as part of wisdom.
     From: Philippa Foot (Virtues and Vices [1978], p.6)
     A reaction: Consider Pierre's peasant friend Platon Karatayev in 'War and Peace'. I assume 'special training' rules out anyone with a philosophy degree.
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 / 1. Virtue Theory / a. Nature of virtue
Most people think virtues can be displayed in bad actions [Foot]
     Full Idea: Hardly anyone sees any difficulty in the thought that virtues may sometimes be displayed in bad actions. The courage of the villain can be spoken of as quite unproblematic.
     From: Philippa Foot (Virtues and Vices [1978], III)
     A reaction: She cites Peter Geach as a sole opponent of this view. The courage of the entire German army in WWII seems to fall into this category. The boldness of villains has to impress the virtuous but timid.
Virtues are intended to correct design flaws in human beings [Foot, by Driver]
     Full Idea: A popular view (expressed by Philippa Foot) is that the virtues work to 'correct' for the baser human impulses and motives. …Virtues are solutions to design flaws in human beings.
     From: report of Philippa Foot (Virtues and Vices [1978]) by Julia Driver - The Virtues and Human Nature 1
     A reaction: Quite a plausible thought. Not so much design flaws, though, as natural traits of character that suited hunter gatherers but not modern cosmopolitan capitalists. Driver disagrees.
Actions can be in accordance with virtue, but without actually being virtuous [Foot]
     Full Idea: Some actions are in accordance with virtue without requiring virtue for their performance, whereas others are both in accordance with virtue and such as to show possession of a virtue.
     From: Philippa Foot (Virtues and Vices [1978], p.13)
     A reaction: She cites the case of an honest trader, who is honest because of self-interest. She is disentangling Kant from his daft idea that only dutiful (and reluctant) actions are virtuous. Kant was only thinking of 'in accordance' cases.
23. Ethics / C. Virtue Theory / 1. Virtue Theory / b. Basis of virtue
Virtues are corrective, to resist temptation or strengthen motivation [Foot]
     Full Idea: The virtues are corrective, each one standing at a point at which there is some temptation to be resisted or deficiency of motivation to be made good.
     From: Philippa Foot (Virtues and Vices [1978], II)
     A reaction: A beautifully simple and accurate observation, which I don't remember meeting in Aristotle (...though she cites him as saying that virtues concern what is difficult for us). Justice and charity are given as examples of inadequate motivation.
23. Ethics / C. Virtue Theory / 3. Virtues / b. Temperance
Temperance is not a virtue if it results from timidity or excessive puritanism [Foot]
     Full Idea: In some people temperance is not a virtue, but is rather connected with timidity or with a grudging attitude to the acceptance of good things.
     From: Philippa Foot (Virtues and Vices [1978], III)
     A reaction: Timidity seems right. The grudging attitude may result from some larger doubts about pleasure, which could be plausible.
23. Ethics / C. Virtue Theory / 3. Virtues / d. Courage
Courage overcomes the fears which should be overcome, and doesn't overvalue personal safety [Foot]
     Full Idea: The fears that count against a man's courage are those that we think he should overcome, and among them, in a special class, those that reflect the fact that he values his safety too much.
     From: Philippa Foot (Virtues and Vices [1978], II)
     A reaction: I think that sentence tells us more accurately what courage is than anything in Aristotle's discussion. Ask yourself which of your fears really ought to be overcome, and particularly beware of over-valuing your own safety. But stay safe if you can!
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.
25. Social Practice / E. Policies / 5. Education / b. Education principles
Learned men gain more in one day than others do in a lifetime [Posidonius]
     Full Idea: In a single day there lies open to men of learning more than there ever does to the unenlightened in the longest of lifetimes.
     From: Posidonius (fragments/reports [c.95 BCE]), quoted by Seneca the Younger - Letters from a Stoic 078
     A reaction: These remarks endorsing the infinite superiority of the educated to the uneducated seem to have been popular in late antiquity. It tends to be the religions which discourage great learning, especially in their emphasis on a single book.
27. Natural Reality / D. Time / 1. Nature of Time / d. Time as measure
Time is an interval of motion, or the measure of speed [Posidonius, by Stobaeus]
     Full Idea: Posidonius defined time thus: it is an interval of motion, or the measure of speed and slowness.
     From: report of Posidonius (fragments/reports [c.95 BCE]) by John Stobaeus - Anthology 1.08.42
     A reaction: Hm. Can we define motion or speed without alluding to time? Looks like we have to define them as a conjoined pair, which means we cannot fully understand either of them.