Combining Texts

All the ideas for 'fragments/reports', ''Objectivity' in Social Sciences and Social Policy' and 'The Concept of Law'

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6 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!).
2. Reason / A. Nature of Reason / 5. Objectivity
There is no objectivity in social sciences - only viewpoints for selecting and organising data [Weber]
     Full Idea: There is no absolutely objective scientific analysis of 'social phenomena' independent of special and 'one-sided' viewpoints according to which expressly or tacitly, consciously or unconsciously they are selected and organised for expository purposes.
     From: Max Weber ('Objectivity' in Social Sciences and Social Policy [1904], p.72), quoted by Reiss,J/Spreger,J - Scientific Objectivity 5.1
     A reaction: Weber urged some objectivity by not judging agents' goals. Also see Idea 22367
The results of social research can be true, and not just subjectively valid for one person [Weber]
     Full Idea: Cultural sciences do not have results which are 'subjective' and only valid for one person and not others. ...For scientific truth is precisely what is valid for all who seek the truth.
     From: Max Weber ('Objectivity' in Social Sciences and Social Policy [1904], p.84), quoted by Reiss,J/Spreger,J - Scientific Objectivity 5.1
     A reaction: Weber said that although research interests are subjective, the social causes discovered can be objective.
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.