Combining Texts

All the ideas for 'fragments/reports', 'Persistence, Change and Explanation' and 'Law,Liberty and Morality'

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20 ideas

5. Theory of Logic / L. Paradox / 2. Aporiai
By using aporiai as his start, Aristotle can defer to the wise, as well as to the many [Haslanger]
     Full Idea: The Aristotelian method of working form aporia allows one to use as starting points not only what is said by 'the many', but also what is said by 'the wise', including philosophers.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 1 n2)
     A reaction: [She mentions Nussbaum 1986:ch 7 for the opposing view] I like this thought a lot. Aristotle's democratic respect for widespread views can be a bit puzzling sometimes.
7. Existence / D. Theories of Reality / 1. Ontologies
Ontology disputes rest on more basic explanation disputes [Haslanger]
     Full Idea: Disputes over ontology derive from more fundamental disputes over forms of explanation.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 1)
     A reaction: It immediately strikes me that Haslanger has stolen my master idea, but unfortunately the dating suggests that she has priority. The tricky part is to combine this view with realism.
9. Objects / E. Objects over Time / 3. Three-Dimensionalism
Persistence makes change and its products intelligible [Haslanger]
     Full Idea: Persistence offers intelligibility: the possibility of understanding a change, and of understanding the products of it.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 8)
     A reaction: I think this is exactly right, and it is a powerful idea with wide implications for metaphysics. Haslanger claims that an understanding of 'substance' is needed, which leads towards my defence of essentialism.
The persistence of objects seems to be needed if the past is to explain the present [Haslanger]
     Full Idea: The notion that things persist through change is deeply embedded in ideas we have about explanation, and in particular, in the idea that the present is constrained by the past.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 1)
     A reaction: I take this to be both an important and an attractive idea. Deniers of persistence (4D-ists) will presumably have some ability to explain the present, but it is the idea of the present being 'constrained' by the past which is a challenge.
9. Objects / E. Objects over Time / 5. Temporal Parts
We must explain change amongst 'momentary entities', or else the world is inexplicable [Haslanger]
     Full Idea: If the world of time-slices is to be explicable, then it must be possible to provide explanations of change understood as a continual generation and destruction of these 'momentary entities'.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 7)
     A reaction: While fans of time-slices can offer some sort of explanation, in the process of explaining a 'worm', there don't seem to be the sort of causal chains that we traditionally rely on. Maybe there are no explanations of anything?
If the things which exist prior to now are totally distinct, they need not have existed [Haslanger]
     Full Idea: How is the case in which A exists prior to B, but is distinct from B, different (especially from B's point of view) from the case in which nothing exists prior to B?
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 7)
     A reaction: I sympathise with her view, but this isn't persuasive. For A substitute 'Sally's mother' and for B substitute 'Sally'. A 4D-ist could bite the bullet and say that, indeed, previous parts of my 'worm' need not have existed.
14. Science / D. Explanation / 2. Types of Explanation / g. Causal explanations
Natural explanations give the causal interconnections [Haslanger]
     Full Idea: Natural explanations work by showing the systematic causal interconnections between things.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 7)
     A reaction: On the whole I love this sort of idea, but I am wondering if this one prevents mathematical or logical explanations from being natural.
14. Science / D. Explanation / 2. Types of Explanation / j. Explanations by reduction
Best explanations, especially natural ones, need grounding, notably by persistent objects [Haslanger]
     Full Idea: I am not resting my ontology on a simple 'argument to the best explanation'. ..What I want to say is that there are general demands on a kind of explanation, in particular, natural explanation, which require that there are persisting things.
     From: Sally Haslanger (Persistence, Change and Explanation [1989], 5)
     A reaction: This is a really nice idea - that best explanation is not just about specific cases, but also about best foundations for explanations in general, which brings in our metaphysics. I defend the role of essences in these best explanations.
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'.
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.