Combining Texts

All the ideas for 'fragments/reports', 'The Concept of Law' and 'Noneism or Allism?'

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8 ideas

5. Theory of Logic / G. Quantification / 4. Substitutional Quantification
We can quantify over fictions by quantifying for real over their names [Lewis]
     Full Idea: Substitutionalists simulate quantification over fictional characters by quantifying for real over fictional names.
     From: David Lewis (Noneism or Allism? [1990], p.159)
     A reaction: I would say that a fiction is a file of conceptual information, identified by a label. The label brings baggage with it, and there is no existence in the label.
5. Theory of Logic / G. Quantification / 7. Unorthodox Quantification
We could quantify over impossible objects - as bundles of properties [Lewis]
     Full Idea: We can quantify over Meinongian objects by quantifying for real over property bundles (such as the bundle of roundness and squareness).
     From: David Lewis (Noneism or Allism? [1990], p.159)
7. Existence / A. Nature of Existence / 1. Nature of Existence
'Allists' embrace the existence of all controversial entities; 'noneists' reject all but the obvious ones [Lewis]
     Full Idea: An expansive friend of the controversial entities who says they all exist may be called an 'allist'; a tough desert-dweller who says that none of them exist may be called a 'noneist'.
     From: David Lewis (Noneism or Allism? [1990], p.152)
     A reaction: Lewis gives examples of the obvious and the controversial entities. Lewis implies that he himself is in between. The word 'desert' is a reference to Quine.
7. Existence / A. Nature of Existence / 2. Types of Existence
We can't accept a use of 'existence' that says only some of the things there are actually exist [Lewis]
     Full Idea: If 'existence' is understood so that it can be a substantive thesis that only some of the things there are exist, we will have none of it.
     From: David Lewis (Noneism or Allism? [1990], p.163)
     A reaction: Lewis is a strong advocate, following Quine, of the univocal sense of the word 'exist', and I agree with them.
13. Knowledge Criteria / E. Relativism / 2. Knowledge as Convention
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
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.