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? |
| 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. |
| 16746 | Principles of things are not hidden features of forms, but the laws by which they were formed [Newton] |
| Full Idea: The (active) principles I consider not as occult qualities, supposed to result from the specific forms of things, but as general laws of nature, by which the things themselves are formed. | |
| From: Isaac Newton (Queries to the 'Opticks' [1721], q 31), quoted by Robert Pasnau - Metaphysical Themes 1274-1671 23.6 | |
| A reaction: This is the external, 'imposed' view of laws (with the matter passive) at its most persuasive. If laws arise out the stuff (as I prefer to think), what principles went into the formulation of the stuff? |