display all the ideas for this combination of texts
5 ideas
| 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. |
| 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. |
| 11150 | It is the mark of an educated mind to be able to entertain an idea without accepting it [Aristotle] |
| Full Idea: It is the mark of an educated mind to be able to entertain an idea without accepting it. | |
| From: Aristotle (works [c.330 BCE]) | |
| A reaction: The epigraph on a David Chalmers website. A wonderful remark, and it should be on the wall of every beginners' philosophy class. However, while it is in the spirit of Aristotle, it appears to be a misattribution with no ancient provenance. |
| 3037 | Aristotle said the educated were superior to the uneducated as the living are to the dead [Aristotle, by Diog. Laertius] |
| Full Idea: Aristotle was asked how much educated men were superior to those uneducated; "As much," he said, "as the living are to the dead." | |
| From: report of Aristotle (works [c.330 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 05.1.11 |