5 ideas
| 1556 | By nature people are close to one another, but culture drives them apart [Hippias] |
| Full Idea: I regard you all as relatives - by nature, not by convention. By nature like is akin to like, but convention is a tyrant over humankind and often constrains people to act contrary to nature. | |
| From: Hippias (fragments/reports [c.430 BCE]), quoted by Plato - Protagoras 337c8 |
| 4871 | A thing is free if it acts only by the necessity of its own nature [Spinoza] |
| Full Idea: I say that a thing is free, which exists and acts solely by the necessity of its own nature. | |
| From: Baruch de Spinoza (Letter to G.H. Schaller [1674], 1674.10) | |
| A reaction: Of course, this isn't 'freedom' at all, but it seems to exactly right as an account of so-called freedom. In the case of a human being the 'necessity of our own nature' is character, and virtue and vice are the expressions of the necessities of character. |
| 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. |