Combining Texts

All the ideas for 'fragments/reports', 'The Concept of Law' and 'Expositio super viii libros'

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7 ideas

11. Knowledge Aims / A. Knowledge / 1. Knowledge
Knowledge is a quality existing subjectively in the soul [William of Ockham]
     Full Idea: Knowledge is a certain quality which exists in the soul as its subject ('existens subiective in anima').
     From: William of Ockham (Expositio super viii libros [1340], Prologue)
     A reaction: One might say here that knowledge is a property, and so it might not be susceptible to further analysis. It invites the question of how you could know by introspection that you have got it, which would be an extreme internalist view.
Sometimes 'knowledge' just concerns the conclusion, sometimes the whole demonstration [William of Ockham]
     Full Idea: Sometimes 'knowledge' means evident cognition of the conclusion alone, sometimes of the demonstration as a whole.
     From: William of Ockham (Expositio super viii libros [1340], Prologue)
     A reaction: 'Demonstration' will be something like Greek 'logos' - full understanding, ability to explain and give reasons. William is certainly right about normal usage. I know the answer in a quiz, without any requirement for justifications.
11. Knowledge Aims / B. Certain Knowledge / 1. Certainty
Knowledge is certain cognition of something that is true [William of Ockham]
     Full Idea: Knowledge is certain cognition of something that is true.
     From: William of Ockham (Expositio super viii libros [1340], Prologue)
     A reaction: This view has problems. William is not facing up to the sceptical questions which can shake any degree of certainty, and also that someone who lacked self-confidence might know many things while always feeling uncertain about them. 'Cognition' must go!
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.