Combining Texts

All the ideas for 'Leibniz: Guide for the Perplexed', 'The Concept of Law' and 'Oldest System Prog. of German Idealism'

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5 ideas

2. Reason / A. Nature of Reason / 1. On Reason
Highest reason is aesthetic, and truth and good are subordinate to beauty [Hegel]
     Full Idea: I am now convinced that the highest act of reason, which embraces all ideas, is an aesthetic act, and that truth and goodness are brothers only in beauty.
     From: Georg W.F.Hegel (Oldest System Prog. of German Idealism [1796]), quoted by Simon Critchley - Continental Philosophy - V. Short Intro Append
     A reaction: This seems to be the distinctive value framework of the romantic movement and the nineteenth century, where art is destined to replace religion. However, Plato in the Symposium is an interesting ally. Aim for beauty, and the rest follows?
9. Objects / B. Unity of Objects / 2. Substance / d. Substance defined
Substance needs independence, unity, and stability (for individuation); also it is a subject, for predicates [Perkins]
     Full Idea: For individuation, substance needs three properties: independence, to separate it from other things; unity, to call it one thing, rather than an aggregate; and permanence or stability over time. Its other role is as subject for predicates.
     From: Franklin Perkins (Leibniz: Guide for the Perplexed [2007], 3.1)
     A reaction: Perkins is describing the Aristotelian view, which is taken up by Leibniz. 'Substance' is not a controversial idea, if we see that it only means that the world is full of 'things'. It is an unusual philosopher wholly totally denies that.
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.