7 ideas
| 20977 | Natural rights are nonsense, and unspecified natural rights is nonsense on stilts [Bentham] |
| Full Idea: Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. | |
| From: Jeremy Bentham (Anarchical Fallacies: on the Declaration of Rights [1796]) | |
| A reaction: If you want your opinion to be remembered, express it memorably! I take natural rights to be the basic principles and values which are obvious to almost everyone when they come for formulate legal rights (which are the only true rights). |
| 21003 | Only laws can produce real rights; rights from 'law of nature' are imaginary [Bentham] |
| Full Idea: Right, the substantive right, is the child of law; from real laws come real rights; but from imaginary laws, from 'law of nature' can come only imaginary rights. | |
| From: Jeremy Bentham (Anarchical Fallacies: on the Declaration of Rights [1796], II.523), quoted by Amartya Sen - The Idea of Justice 17 'Ethics' | |
| A reaction: I am coming to agree with this. What are called 'natural rights' are just self-evident good reasons why someone should be allowed a right. A right can, of course, come from an informal agreement. The question is: why award that particular legal right? |
| 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. |
| 1748 | 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 |
| 5989 | 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. |