Combining Texts

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

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6 ideas

22. Metaethics / A. Ethics Foundations / 2. Source of Ethics / e. Human nature
There are two sides to men - the pleasantly social, and the violent and creative [Diderot, by Berlin]
     Full Idea: Diderot is among the first to preach that there are two men: the artificial man, who belongs in society and seeks to please, and the violent, bold, criminal instinct of a man who wishes to break out (and, if controlled, is responsible for works of genius.
     From: report of Denis Diderot (works [1769], Ch.3) by Isaiah Berlin - The Roots of Romanticism
     A reaction: This has an obvious ancestor in Plato's picture (esp. in 'Phaedrus') of the two conflicting sides to the psuché, which seem to be reason and emotion. In Diderot, though, the suppressed man has virtues, which Plato would deny.
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.
26. Natural Theory / A. Speculations on Nature / 6. Early Matter Theories / c. Ultimate substances
Pherecydes said the first principle and element is earth [Pherecydes, by Sext.Empiricus]
     Full Idea: Pherecydes of Syros said that the principle and element of all things is earth.
     From: report of Pherecydes (fragments/reports [c.600 BCE]) by Sextus Empiricus - Against the Physicists (two books) I.360
     A reaction: Sextus is giving the history, and mentions it before saying that Thales thought it was water. Earth seems a sensible starting point, and I am guessing that Thales was trying to think a bit more deeply than Pherecydes about it.
29. Religion / D. Religious Issues / 2. Immortality / a. Immortality
Pherecydes was the first to say that the soul is eternal [Pherecydes, by Cicero]
     Full Idea: As far as the literature tells us, Pherecydes of Syros was the first who pronounced the souls of men to be eternal.
     From: report of Pherecydes (fragments/reports [c.600 BCE]) by M. Tullius Cicero - Tusculan Disputations I.xvi.38
     A reaction: Presumably before that it was the physical person who arrived in the Underworld. The Hindu tradition seems to require the soul to be very long-lived, if not eternal. Why did Pherecydes come up with this idea?