display all the ideas for this combination of texts
6 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. |
| 20856 | Justice, the law, and right reason are natural and not conventional [Chrysippus, by Diog. Laertius] |
| Full Idea: Chrysippus says (in On the Honourable) that justice is natural and not conventional, as are the law and right reason. | |
| From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.128 | |
| A reaction: How does he explain variations in the law between different states? Presumably some of them have got it wrong. What is the criterion for deciding which laws are natural? |
| 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. |
| 1779 | We don't have obligations to animals as they aren't like us [Chrysippus, by Diog. Laertius] |
| Full Idea: We have no obligations of justice to other animals, because they are dissimilar to us. | |
| From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.Ze.66 | |
| A reaction: "Dissimilar" begs questions. Some human beings don't seem much like me. How are we going to treat visiting aliens? |
| 20857 | Justice is irrelevant to animals, because they are too unlike us [Chrysippus, by Diog. Laertius] |
| Full Idea: There is no justice between us and other animals because of the dissimilarity between us and them. | |
| From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.129 | |
| A reaction: [from lost On Justice Bk 1] What would he make of modern revelations about bonobos and chimpanzees? If there is great dissimilarity between some peoples, does that invalidate justice between them? He also said animals exist for our use. |