5 ideas
| 468 | 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? |
| 21058 | Enlightenment requires the free use of reason in the public realm [Kant] |
| Full Idea: The public use of man's reason must always be free, and it alone can bring about enlightenment among men; the private use of reason may quite often be very narrowly restricted (…in a particular civil post or office). | |
| From: Immanuel Kant (Answer to 'What is Enlightenment?' [1784], p.55) | |
| A reaction: The private aspect seems to be the common restriction on speech by employees of the state. Does free speech have only instrumental value? Is the life of virtue possible without it? |
| 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. |