Combining Texts

All the ideas for 'Theory of Knowledge (2nd edn)', 'Nine political essays' and 'The Concept of Law'

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6 ideas

1. Philosophy / C. History of Philosophy / 4. Later European Philosophy / b. Seventeenth century philosophy
Most philosophers start with reality and then examine knowledge; Descartes put the study of knowledge first [Lehrer]
     Full Idea: Some philosophers (e.g Plato) begin with an account of reality, and then appended an account of how we can know it, ..but Descartes turned the tables, insisting that we must first decide what we can know.
     From: Keith Lehrer (Theory of Knowledge (2nd edn) [2000], I p.2)
1. Philosophy / F. Analytic Philosophy / 4. Conceptual Analysis
You cannot demand an analysis of a concept without knowing the purpose of the analysis [Lehrer]
     Full Idea: An analysis is always relative to some objective. It makes no sense to simply demand an analysis of goodness, knowledge, beauty or truth, without some indication of the purpose of the analysis.
     From: Keith Lehrer (Theory of Knowledge (2nd edn) [2000], I p.7)
     A reaction: Your dismantling of a car will go better if you know what a car is for, but you can still take it apart in ignorance.
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 / C. Rights / 4. Property rights
Hume thought (unlike Locke) that property is a merely conventional relationship [Hume, by Fogelin]
     Full Idea: Hume thought (in contrast to Locke) that property reflects a conventional (rather than natural) relationship determined by the laws that protect people from having things taken from them.
     From: report of David Hume (Nine political essays [1741]) by Robert Fogelin - Walking the Tightrope of Reason Ch.3
     A reaction: It seems pretty obvious that the idea of property was invented by the powerful, to protect their gains against the weak. I suspect that you might till a piece of land simply in order to assert ownership of it, just as you might bring in colonists.
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.