I have a (true) thought that Sherlock Holmes lives on Baker Street. But what is this thought about? Is it about Sherlock Holmes? If so, is it about something that doesn’t exist? Can we really have thoughts about non-existent objects? What makes those thoughts true or false, if there is no object for the thought’s content to correspond to?
Philosopher Michael Hicks distinguishes fiction-directed thought from world-directed thought. A fiction-directed thought is knowingly about fiction; it is a kind of pretense. It is crucial that thoughts about fictional entities be fiction-directed. If if I think my “thought” about Sherlock Holmes is about a real person – in other words, if it is world-directed – then I don’t have a thought at all, because the ostensive object of my thought does not exist. According to Hicks, world-directed thought is “environment dependent”. It takes the intentional state and the object of the intentional state to make a thought. If the latter is missing, then there is no thought. Thoughts about fictional entities, as well as about hallucinations and other non-existent objects, must be fiction-directed in order to qualify as thoughts. Put another way, thought about fiction only successfully happens when we play a game of pretense set up by the author.
Be sure to listen to part 1 of this interview first.
What is the law? Is it simply what’s to be found in legal statutes and government decrees? Or is it something broader, affected by and inseparable from both morality and custom?
This is one of the fundamental debates in philosophy of law. On one side stand the positivists, who propose a narrow view of the law as separate from ethics and other concerns outside of the direct commands of the state. On the other, we have natural rights theorists, who believe the law and morality are inseparable. Indeed, according to natural rights theorists, illegitimate laws aren’t laws at all.
On what grounds may this debate be settled? And what’s really at stake here? Is there more to this than a question of semantics? Legal expert Michael Zigismund guides us through this debate, and applies it to three areas: Nazi law, slavery, and gun ownership. He concludes with a summary of a “third way”, which he argues takes the best of both while avoiding their pitfalls: the Hayekian view of law as emergent practice.
Special thanks to Jackie Blum for the podcast art, and The Tin Box for the theme music.
0:20 – Introduction to Michael Zigismund
2:02 – What is law?
8:53 – Common law v. customary law
11:36 – Positivism v. natural law
16:45 – Is Nazi law law?
19:23 – Separation thesis
22:54 – Application to federalism
26:14 – Where does morality of law come from?…
Here’s a perfectly simple sentence: “You should think for yourself”.
Here’s another fairly straightforward sentence (put aside whether you agree with it or not): Thinking that you should think for yourself is just thinking what the people who think that you should think for yourself think you should think.
How do we get from the first sentence to the second? Well, the second sentence applies a general principle to a specific instance. The general principle is that for any belief x you might hold, holding it amounts to thinking what those who think x think you ought to think.
The second sentence is cute because it sets as the x a sentence that seems to contradict the spirit of the general principle.
An aside: this principle is true if you take out the word “just”. But, then, if you take out the word “just”, it becomes trivial. Keeping the “just”, the principle is obviously false. We sometimes think things for other reasons than agreeing with those who also think them.
What happens if we take the second sentence and take is as the x for a new application of the principle? You get this:
Thinking that thinking that you should think for yourself is just thinking what the people who think that you should think for yourself think you should think, is just thinking what the people who think that thinking that you should think for yourself is just thinking what the people who think that you should think for yourself think you should think, think you should think.…