Committing philosophy upon him

From the opening of Nozick’s Philosophical Explanations:

Children think an argument involves raised voices, anger, negative emotion. To argue with someone is to attempt to push him around verbally. But a philosophical argument isn’t like that—is it?

The terminology of philosophical art is coercive: arguments are powerful and best when they are knockdown, arguments force you to a conclusion, if you believe the premisses you have to or must believe the conclusion, some arguments do not carry much punch, and so forth. A philosophical argument is an attempt to get someone to believe something, whether he wants to believe it or not. A successful philosophical argument, a strong argument, forces someone to a belief.

Though philosophy is carried on as a coercive activity, the penalty philosophers wield is, after all, rather weak. If the other person is willing to bear the label of “irrational” or “having the worse arguments,” he can skip away happily maintaining his previous belief. He will be trailed, of course, by the philosopher furiously hurling philosophical imprecations: “What do you mean, you’re willing to be irrational? You shouldn’t be irrational because…” And although the philosopher is embarrassed by his inability to complete this sentence in a noncircular fashion—he can only produce reasons for accepting reasons—still, he is unwilling to let his adversary go.

Wouldn’t it be better if philosophical arguments left the person no possible answer at all, reducing him to impotent silence? Even then, he might sit there silently, smiling, Buddhalike. Perhaps philosophers need arguments so powerful they set up reverberations in the brain: if the person refuses to accept the conclusion, he dies. How’s that for a powerful argument? Yes, as with other physical threats (“your money or your life”), he can choose defiance. A “perfect” philosophical argument would leave no choice.

What useful purpose do philosophical arguments serve? Do we, trained in finding flaws in history’s great arguers, really believe arguments a promising route to the truth? Does either the likelihood or arriving at a true view (as opposed to a consistent and coherent one) or a view’s closeness to the truth vary directly with the strength of the philosophical arguments? Philosophical arguments can serve to elaborate a view, to delineate its content. Considering objections, hypothetical situations, and so on, does help to sharpen a view. But need all this be done in an attempt to prove, or in arguing?

Why are philosophers intent on forcing others to believe things? Is that a nice way to behave toward someone? I think we cannot improve people that way—the means frustrate the ends. Just as dependence is not eliminated by treating a person dependently, and someone cannot be forced to be free, a person is not most improved by being forced to believe something against his will, whether he wants to or not. The valuable person cannot be fashioned by committing philosophy upon him.

The heaven of legal concepts

The opening of Felix S. Cohen, “Transcendental Nonsense and the Functional Approach” (1935):

Some fifty years ago a great German jurist had a curious dream. He dreamed that he died and was taken to a special heaven reserved for the theoreticians of the law. In this heaven one met, face to face, the many concepts of jurisprudence in their absolute purity, freed from all entangling alliances with human life. Here were the disembodied spirits of good faith and bad faith, property, possession, laches, and rights in rem. Here were all the logical instruments needed to manipulate and transform these legal concepts and thus to create and to solve the most beautiful of legal problems. Here one found a dialectic-hydraulic-interpretation press, which could press an indefinite number of meanings out of any text or statute, an apparatus for constructing fictions, and a hair-splitting machine that could divide a single hair into 999,999 equal parts and, when operated by the most expert jurists, could split each of these parts again into 999,999 equal parts. The boundless opportunities of this heaven of legal concepts were open to all properly qualified jurists, provided only they drank the Lethean draught which induced forgetfulness of terrestrial human affairs. But for the most accomplished jurists the Lethean draught was entirely superfluous. They had nothing to forget.

Von Jhering’s dream has been retold, in recent years, in the chapels of sociological, functional, institutional, scientific, experimental, realistic, and neo-realistic jurisprudence. The question is raised, “How much of contemporary legal thought moves in the pure ether of Von Jhering’s heaven of legal concepts?” One turns to our leading legal textbooks and to the opinions of our courts for answer. May the Shade of Von Jhering be our guide.

Sure to be noticed

Kierkegaard in The Sickness Unto Death:

A person can go on living fairly well, seem to be a human being, be occupied with temporal matters, marry, have children, be honored and esteemed — and it may not be detected that in a deeper sense this person lacks a self. Such things do not create much of a stir in the world, for a self is the last thing the world cares about and the most dangerous thing of all for a person to show signs of having. The greatest hazard of all, losing one’s self, can occur very quietly in the world, as if it were nothing at all. No other loss can occur so quietly; any other loss — an arm, a leg, five dollars, a wife, etc. — is sure to be noticed.

Each readily falls into excess

Bacon’s 55th aphorism in the Novum Organum, translated by Joseph Devey, some two centuries before Darwin on lumpers and splitters:

The greatest and, perhaps, radical distinction between different men’s dispositions for philosophy and the sciences is this, that some are more vigorous and active in observing the differences of things, others in observing their resemblances; for a steady and acute disposition can fix its thoughts, and dwell upon and adhere to a point, through all the refinements of differences, but those that are sublime and discursive recognize and compare even the most delicate and general resemblances; each of them readily falls into excess, by catching either at nice distinctions or shadows of resemblance.

Cf. Stravinsky.

See how high the seas of language can rise

from Kripke’s Naming and Necessity (1980):

If one was determining the referent of a name like ‘Glunk’ to himself and made the following decision, ‘I shall use the term “Glunk” to refer to the man that I call “Glunk”‘ this would get one nowhere. One had better have some independent determination of the referent of ‘Glunk’. This is a good example of a blatantly circular determination. Actually sentences like ‘Socrates is called “Socrates”‘ are very interesting and one can spend hours talking about their analysis. I actually did, once, do that. I won’t do that now, however, on this occasion. (See how high the seas of language can rise. And at the lowest points too.)

Even the subtlest experts

from Kripke, “Outline of a Theory of Truth”:

The versions of the Liar paradox which use empirical predicates already point up one major aspect of the problem: many, probably most, of our ordinary assertions about truth and falsity are liable, if the empirical facts are extremely unfavorable, to exhibit paradoxical features. Consider the ordinary statement, made by Jones:

(1) Most (i.e., a majority) of Nixon’s assertions about Watergate are false.

Clearly, nothing is intrinsically wrong with (1), nor is it ill-formed. Ordinarily the truth value of (1) will be ascertainable through an enumeration of Nixon’s Watergate-related assertions, and an assessment of each for truth or falsity. Suppose, however, that Nixon’s assertions about Watergate are evenly balanced between the true and the false, except for one problematic case,

(2) Everything Jones says about Watergate is true.

Suppose, in addition, that (1) is Jones’s sole assertion about Watergate, or alternatively, that all his Watergate-related assertions except perhaps (1) are true. Then it requires little expertise to show that (1) and (2) are both paradoxical: they are true if and only if they are false.

The example of (1) points up an important lesson: it would be fruitless to look for an intrinsic criterion that will enable us to sieve out—as meaningless, or ill-formed—those sentences which lead to paradox. (1) is, indeed, the paradigm of an ordinary assertion involving the notion of falsity; just such assertions were characteristic of our recent political debate. Yet no syntactic or semantic feature of (1) guarantees that it is unparadoxical. Under the assumptions of the previous paragraph, (1) leads to paradox. Whether such assumptions hold depends on the empirical facts about Nixon’s (and other) utterances, not on anything intrinsic to the syntax and semantics of (1). (Even the subtlest experts may not be able to avoid utterances leading to paradox. It is said that Russell once asked Moore whether he always told the truth, and that he regarded Moore’s negative reply as the sole falsehood Moore had ever produced. Surely no one had a keener nose for paradox than Russell. Yet he apparently failed to realize that if, as he thought, all Moore’s other utterances were true, Moore’s negative reply was not simply false but paradoxical.) The moral: an adequate theory must allow our statements involving the notion of truth to be risky: they risk being paradoxical if the empirical facts are extremely (and unexpectedly) unfavorable. There can be no syntactic or semantic “sieve” that will winnow out the “bad” cases while preserving the “good” ones.

One does well to listen to them

The opening of Nietzsche’s lesser-known incomplete book, Philosophy in the Tragic Age of the Greeks (c. 1873), translated by Marianne Cowan:

There are people who are opposed to all philosophy and one does well to listen to them, particularly when they advise the diseased minds of Germans to stay away from metaphysics, instead preaching purification through physis as Goethe did, or healing through music, as did Richard Wagner. The physicians of our culture repudiate philosophy. Whoever wishes to justify it must show, therefore, to what ends a healthy culture uses and has used philosophy. Perhaps the sick will then actually gain salutary insight into why philosophy is harmful specifically to them. There are good instances, to be sure, of a type of health which can exist altogether without philosophy, or with but a very moderate, almost playful, exercise of it. The Romans during their best period lived without philosophy. But where could we find an instance of cultural pathology which philosophy restored to health? If philosophy ever manifested itself as helpful, redeeming, or prophylactic, it was in a healthy culture. The sick, it made ever sicker. Wherever a culture was disintegrating, wherever the tension between it and its individual components was slack, philosophy could never re-integrate the individuals back into the group. Wherever an individual was of a mind to stand apart, to draw a circle of self-sufficiency about himself, philosophy was ready to isolate him still further, finally to destroy him through that isolation. Philosophy is dangerous wherever it does not exist in its fullest right, and it is only the health of a culture—and not every culture at that—which accords it such fullest right.

A non sequitur of numbing grossness

Strawson on Kant in The Bounds of Sense:

In the Second Analogy Kant expresses in a number of ways the thought that the order of perceptions of htose objective states of affairs the succession of one upon the other of which constitutes an objective change is—as, in the sense examined and with the qualifications mentioned, we see it is—a necessary order. The order of perceptions is characterized not only as a necessary, but as a determined order, an order to which our apprehension is bound down, or which we are compelled to observe. These may all perhaps be admitted as legitimate ways of expressing the denial of order-indifference. But from this point the argument proceeds by a non sequitur of numbing grossness.