Combining Texts

All the ideas for 'fragments/reports', 'The Concept of Law' and 'Dthat'

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6 ideas

19. Language / B. Reference / 3. Direct Reference / b. Causal reference
Are causal descriptions part of the causal theory of reference, or are they just metasemantic? [Kaplan, by Schaffer,J]
     Full Idea: Kaplan notes that the causal theory of reference can be understood in two quite different ways, as part of the semantics (involving descriptions of causal processes), or as metasemantics, explaining why a term has the referent it does.
     From: report of David Kaplan (Dthat [1970]) by Jonathan Schaffer - Deflationary Metaontology of Thomasson 1
     A reaction: [Kaplan 'Afterthought' 1989] The theory tends to be labelled as 'direct' rather than as 'causal' these days, but causal chains are still at the heart of the story (even if more diffused socially). Nice question. Kaplan takes the meta- version as orthodox.
25. Social Practice / C. Rights / 1. Basis of Rights
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.
25. Social Practice / D. Justice / 2. The Law / a. Legal system
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.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
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.
26. Natural Theory / A. Speculations on Nature / 5. Infinite in Nature
Archelaus was the first person to say that the universe is boundless [Archelaus, by Diog. Laertius]
     Full Idea: Archelaus was the first person to say that the universe is boundless.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 02.Ar.3
27. Natural Reality / G. Biology / 3. Evolution
Archelaus said life began in a primeval slime [Archelaus, by Schofield]
     Full Idea: Archelaus wrote that life on Earth began in a primeval slime.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Malcolm Schofield - Archelaus
     A reaction: This sounds like a fairly clearcut assertion of the production of life by evolution. Darwin's contribution was to propose the mechanism for achieving it. We should honour the name of Archelaus for this idea.