Combining Texts

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

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5 ideas

1. Philosophy / D. Nature of Philosophy / 3. Philosophy Defined
Even pointing a finger should only be done for a reason [Epictetus]
     Full Idea: Philosophy says it is not right even to stretch out a finger without some reason.
     From: Epictetus (fragments/reports [c.57], 15)
     A reaction: The key point here is that philosophy concerns action, an idea on which Epictetus is very keen. He rather despise theory. This idea perfectly sums up the concept of the wholly rational life (which no rational person would actually want to live!).
18. Thought / C. Content / 1. Content
States have content if we can predict them well by assuming intentionality [Dennett, by Schulte]
     Full Idea: Dennett maintains that a system has states with representational content if we are able to predict its behaviour reliably and voluminously by adopting the intentional stance toward it.
     From: report of Daniel C. Dennett (True Believers [1981]) by Peter Schulte - Mental Content 5
     A reaction: Dennett himself seems happy to thereby attribute representational content to a chess-playing computer. This sounds like a test for content, rather than explaining what it is. Not promising, I think.
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.