6 ideas
18758 | Validity is provable, but invalidity isn't, because the model is infinite [Church, by McGee] |
Full Idea: Church showed that logic has a proof procedure, but no decision procedure. If an argument is invalid, there is a model with true premises and false conclusion, but the model will typically be infinite, so there is no way to display it concretely. | |
From: report of Alonzo Church (A Note on the entscheidungsproblem [1936]) by Vann McGee - Logical Consequence 5 |
2614 | Modern phenomenalism holds that objects are logical constructions out of sense-data [Ayer] |
Full Idea: Nowadays phenomenalism is held to be a theory of perception which says that physical objects are logical constructions out of sense-data. | |
From: A.J. Ayer (Phenomenalism [1947], §1) |
2615 | The concept of sense-data allows us to discuss appearances without worrying about reality [Ayer] |
Full Idea: The introduction of the term 'sense-datum' is a means of referring to appearances without prejudging the question of what it is, if anything, that they are appearances of. | |
From: A.J. Ayer (Phenomenalism [1947], §1) |
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. |