18 ideas
| 411 | If we succeed in speaking the truth, we cannot know we have done it [Xenophanes] |
| Full Idea: No man has seen certain truth, and no man will ever know about the gods and other things I mentioned; for if he succeeds in saying what is fully true, he himself is unaware of it; opinion is fixed by fate on all things. | |
| From: Xenophanes (fragments/reports [c.530 BCE], B34), quoted by Sextus Empiricus - Against the Professors (six books) 7.49.4 |
| 412 | If God had not created honey, men would say figs are sweeter [Xenophanes] |
| Full Idea: If God had not created yellow honey, men would say that figs were sweeter. | |
| From: Xenophanes (fragments/reports [c.530 BCE], B38), quoted by Herodian - On Peculiar Speech 41.5 |
| 23529 | 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'. |
| 23530 | 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. |
| 23522 | 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. |
| 23528 | 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. |
| 23523 | 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. |
| 23524 | 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. |
| 23521 | 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. |
| 23525 | 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? |
| 23526 | 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). |
| 23527 | 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. |
| 1640 | The basic Eleatic belief was that all things are one [Xenophanes, by Plato] |
| Full Idea: The Eleatic tribe, which had its beginnings from Xenophanes and still earlier, proceed on the grounds that all things so-called are one. | |
| From: report of Xenophanes (fragments/reports [c.530 BCE]) by Plato - The Sophist 242d |
| 3055 | Xenophanes said the essence of God was spherical and utterly inhuman [Xenophanes, by Diog. Laertius] |
| Full Idea: Xenophanes taught that the essence of God was of a spherical form, in no respect resembling man. | |
| From: report of Xenophanes (fragments/reports [c.530 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 09.2.3 |
| 408 | Ethiopian gods have black hair, and Thracian gods have red hair [Xenophanes] |
| Full Idea: Ethiopians have gods with snub noses and black hair, Thracians have gods with grey eyes and red hair. | |
| From: Xenophanes (fragments/reports [c.530 BCE], B16), quoted by Clement - Miscellanies 7.22.1 |
| 407 | Mortals believe gods are born, and have voices and clothes just like mortals [Xenophanes] |
| Full Idea: Mortals believe the gods to be created by birth, and to have raiment, voice and body like mortals'. | |
| From: Xenophanes (fragments/reports [c.530 BCE], B14), quoted by Clement - Miscellanies 5.109.2 |
| 16713 | Philosophers are the forefathers of heretics [Tertullian] |
| Full Idea: Philosophers are the forefathers of heretics. | |
| From: Tertullian (works [c.200]), quoted by Robert Pasnau - Metaphysical Themes 1274-1671 20.2 |
| 6610 | I believe because it is absurd [Tertullian] |
| Full Idea: I believe because it is absurd ('Credo quia absurdum est'). | |
| From: Tertullian (works [c.200]), quoted by Robert Fogelin - Walking the Tightrope of Reason n4.2 | |
| A reaction: This seems to be a rather desperate remark, in response to what must have been rather good hostile arguments. No one would abandon the support of reason if it was easy to acquire. You can't deny its engaging romantic defiance, though. |