17 ideas
| 6007 | If you know your father, but don't recognise your father veiled, you know and don't know the same person [Eubulides, by Dancy,R] |
| Full Idea: The 'undetected' or 'veiled' paradox of Eubulides says: if you know your father, and don't know the veiled person before you, but that person is your father, you both know and don't know the same person. | |
| From: report of Eubulides (fragments/reports [c.390 BCE]) by R.M. Dancy - Megarian School | |
| A reaction: Essentially an uninteresting equivocation on two senses of "know", but this paradox comes into its own when we try to give an account of how linguistic reference works. Frege's distinction of sense and reference tried to sort it out (Idea 4976). |
| 6006 | If you say truly that you are lying, you are lying [Eubulides, by Dancy,R] |
| Full Idea: The liar paradox of Eubulides says 'if you state that you are lying, and state the truth, then you are lying'. | |
| From: report of Eubulides (fragments/reports [c.390 BCE]) by R.M. Dancy - Megarian School | |
| A reaction: (also Cic. Acad. 2.95) Don't say it, then. These kind of paradoxes of self-reference eventually lead to Russell's 'barber' paradox and his Theory of Types. |
| 6008 | Removing one grain doesn't destroy a heap, so a heap can't be destroyed [Eubulides, by Dancy,R] |
| Full Idea: The 'sorites' paradox of Eubulides says: if you take one grain of sand from a heap (soros), what is left is still a heap; so no matter how many grains of sand you take one by one, the result is always a heap. | |
| From: report of Eubulides (fragments/reports [c.390 BCE]) by R.M. Dancy - Megarian School | |
| A reaction: (also Cic. Acad. 2.49) This is a very nice paradox, which goes to the heart of our bewilderment when we try to fully understand reality. It homes in on problems of identity, as best exemplified in the Ship of Theseus (Ideas 1212 + 1213). |
| 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. |
| 21004 | Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen] |
| Full Idea: Whereas Bentham saw rights as a 'child of law', Herbert Hart's view takes the form of seeing human rights as, in effect, 'parents of law'; they motivate specific legislations. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Amartya Sen - The Idea of Justice 17 'Ethics' | |
| A reaction: [He cites Hart 1955 'Are there any natural rights?'] I agree with Hart. It is clearer if the parents of law are not referred to as 'rights'. You can demand a right, but it is only a right when it is awarded to you. |
| 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). |
| 20932 | Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J] |
| Full Idea: Hart says we have secondary legal 'rules of recognition', by which primary positive law is recognised and applied in a regulated manner. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Rules' | |
| A reaction: The example of the authority of a particular court is given. |
| 20931 | Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J] |
| Full Idea: Hart replaced Austin's concept of positive law as sovereign command with a more democratic ideal. In modern law-based societies the authority of law depends on the people's acceptance of a law's enduring validity. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Hart' | |
| A reaction: Presumably the ancestor of this view is the social contract of Hobbes and Locke. |
| 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. |
| 15314 | Faraday's single field of variable forces introduces a criterion of Unity into what is ultimate [Faraday, by Harré/Madden] |
| Full Idea: In Faraday lines of force picture the directional structure of powers,...so the fundamental entity is a single, unified field. ...A new criterion of the ultimate has stepped in: Unity. The universal field is still the final explanation, but not invariant. | |
| From: report of Michael Faraday (Experimental Researches in Electricity [1859]) by Harré,R./Madden,E.H. - Causal Powers 9.II.B | |
| A reaction: Almost Parmenides, except that the field is not invariant. But that was always the ancient objection to the One - that it offered no explanation of change. |