6 ideas
| 15119 | Aristotelian explanation by essence may need to draw on knowledge of other essences [Aristotle, by Koslicki] |
| Full Idea: From Aristotle's biology we learn that a successful scientific explanation of the necessary (but non-essential) features of one type of phenomenon (e.g. camels) my require appeal to facts about the essences of other types of phenomena (stomachs). | |
| From: report of Aristotle (The History of Animals [c.344 BCE]) by Kathrin Koslicki - Essence, Necessity and Explanation 13.4 |
| 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. |
| 23302 | Plants have far less life than animals, but more life than other corporeal entities [Aristotle] |
| Full Idea: The genus of plants, whilst it is devoid of life compared with an animal, is endowed with life as compared with other corporeal entities. In the sea there are certain objects which one would be at a loss to determine whether they be animal or vegetable. | |
| From: Aristotle (The History of Animals [c.344 BCE], 588b09) | |
| A reaction: It seems that Aristotle takes life to come in degrees, assessed by the amount of physical vitality observed. This seems to make lambs more alive than sheep, which isn't very plausible. This is part of his 'gradualist' view of nature. |
| 23301 | There is a gradual proceeding from the inanimate to animals, with no clear borderlines [Aristotle] |
| Full Idea: Nature proceeds little by little from things lifeless to animal life so that it is impossible to determine the exact line of demarcation, nor on which side an intermediate form should lie. ...In plants there is a continuous ascent towards the animal. | |
| From: Aristotle (The History of Animals [c.344 BCE], 588b04) | |
| A reaction: This in itself should have alerted medieval Christians to the problematic nature of the idea that animal species were divinely created. |