Combining Texts

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

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8 ideas

21. Aesthetics / A. Aesthetic Experience / 1. Aesthetics
Baumgarten founded aesthetics in 1750 [Baumgarten, by Tolstoy]
     Full Idea: Baumgarten founded aesthetics in the year 1750.
     From: report of Alexander Baumgarten (Aesthetica [1739]) by Leo Tolstoy - What is Art? Ch.2
     A reaction: He gave it a label, separated it off from the rest of philosophy, and made taste the main focus. The philosophy of art goes back to at least Plato's 'Republic' and 'Symposium'.
21. Aesthetics / B. Nature of Art / 2. Art as Form
Beauty is an order between parts, and in relation to the whole [Baumgarten, by Tolstoy]
     Full Idea: Beauty is defined by Baumgarten as a correspondence, that is, an order of parts in their mutual relations to each other and in their relation to the whole.
     From: report of Alexander Baumgarten (Aesthetica [1739]) by Leo Tolstoy - What is Art? Ch.3
     A reaction: This may be one aspect of what is beautiful, but rather more than a nice arrangement is probably needed for art. We must distinguish flower arranging from poetic drama. Some masterpieces are rather messily arranged.
22. Metaethics / C. The Good / 1. Goodness / b. Types of good
Perfection comes through the senses (Beauty), through reason (Truth), and through moral will (Good) [Baumgarten, by Tolstoy]
     Full Idea: For Baumgarten, Beauty is the Perfect (the Absolute), recognised through the senses; Truth is the Perfect perceived through reason; Goodness is the Perfect reached by moral will.
     From: report of Alexander Baumgarten (Aesthetica [1739]) by Leo Tolstoy - What is Art? Ch.3
     A reaction: At last, after many years of searching, I have found the origin of that great trio of ideals: Beauty, Goodness and Truth. Tolstoy sneers at them, but a person could do a lot worse than spending their lives trying to promote them.
23. Ethics / C. Virtue Theory / 2. Elements of Virtue Theory / e. Character
Virtue comes more from habit than character [Critias]
     Full Idea: More men are good through habit than through character.
     From: Critias (fragments/reports [c.440 BCE], B09), quoted by John Stobaeus - Anthology 3.29.41
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.
28. God / C. Attitudes to God / 5. Atheism
Fear of the gods was invented to discourage secret sin [Critias]
     Full Idea: When the laws forbade men to commit open crimes of violence, and they began to do them in secret, a wise and clever man invented fear of the gods for mortals, to frighten the wicked, even if they sin in secret.
     From: Critias (fragments/reports [c.440 BCE], B25), quoted by Sextus Empiricus - Against the Professors (six books) 9.54