Combining Texts

All the ideas for 'fragments/reports', 'The Concept of Law' and 'Inventing Logical Necessity'

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6 ideas

10. Modality / A. Necessity / 6. Logical Necessity
Logical necessity involves a decision about usage, and is non-realist and non-cognitive [Wright,C, by McFetridge]
     Full Idea: Wright espouses a non-realist, indeed non-cognitive account of logical necessity. Crucial to this is the idea that acceptance of a statement as necessary always involves an element of decision (to use it in a necessary way).
     From: report of Crispin Wright (Inventing Logical Necessity [1986]) by Ian McFetridge - Logical Necessity: Some Issues §3
     A reaction: This has little appeal to me, as I take (unfashionably) the view that that logical necessity is rooted in the behaviour of the actual physical world, with which you can't argue. We test simple logic by making up examples.
19. Language / A. Nature of Meaning / 7. Meaning Holism / b. Language holism
Holism cannot give a coherent account of scientific methodology [Wright,C, by Miller,A]
     Full Idea: Crispin Wright has argued that Quine's holism is implausible because it is actually incoherent: he claims that Quine's holism cannot provide us with a coherent account of scientific methodology.
     From: report of Crispin Wright (Inventing Logical Necessity [1986]) by Alexander Miller - Philosophy of Language 4.5
     A reaction: This sounds promising, given my intuitive aversion to linguistic holism, and almost everything to do with Quine. Scientific methodology is not isolated, but spreads into our ordinary (experimental) interactions with the world (e.g. Idea 2461).
21. Aesthetics / C. Artistic Issues / 7. Art and Morality
Musical performance can reveal a range of virtues [Damon of Ath.]
     Full Idea: In singing and playing the lyre, a boy will be likely to reveal not only courage and moderation, but also justice.
     From: Damon (fragments/reports [c.460 BCE], B4), quoted by (who?) - where?
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.