Combining Texts

All the ideas for 'Mahaprajnaparamitashastra', 'The Concept of Law' and 'Capitalism and Community'

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9 ideas

23. Ethics / C. Virtue Theory / 3. Virtues / a. Virtues
The six perfections are giving, morality, patience, vigour, meditation, and wisdom [Nagarjuna]
     Full Idea: The six perfections are of giving, morality, patience, vigour, meditation, and wisdom.
     From: Nagarjuna (Mahaprajnaparamitashastra [c.120], 88)
     A reaction: What is 'morality', if giving is not part of it? I like patience and vigour being two of the virtues, which immediately implies an Aristotelian mean (which is always what is 'appropriate').
24. Political Theory / D. Ideologies / 11. Capitalism
Capitalism may actually be the best way to foster community [Conway,D]
     Full Idea: Not only is there no good reason for supposing capitalism inimical to community, but there is reason to think it more conducive to community than the feasible alternatives to it.
     From: David Conway (Capitalism and Community [1996], I)
     A reaction: Conway is defending an obviously unorthodox view, while attacking the hopes of communitarians.
Capitalism is just the market, with optional limited government, and perhaps democracy [Conway,D]
     Full Idea: There are three types of capitalism: 1) the market - private ownership, labor contracts and profit, 2) limited government - the state provides goods the market cannot do, 3) limited government with democracy - with political freedom and elections.
     From: David Conway (Capitalism and Community [1996], II)
     A reaction: [compressed] I would have thought that capitalism is compatible with a fair degree of workplace democracy, which would make a fourth type.
Capitalism prefers representative democracy, which avoids community decision-making [Conway,D]
     Full Idea: By opting for representative rather than direct democracy, capitalism is said to preclude political community, for which the citizens of a state must possess a common will, which needs their direct participation in decisions.
     From: David Conway (Capitalism and Community [1996], V)
     A reaction: Conway does not accept this claim. I'm beginning to wonder whether the famous British electoral system is actually a capitalist conspiracy against the people.
Capitalism breaks up extended families, and must then provide welfare for the lonely people [Conway,D]
     Full Idea: It is said that capitalism encourages the breakup of extended families, which creates the need for extensive state welfare for those indigent members of society who can no longer rely on their own family to take care of them.
     From: David Conway (Capitalism and Community [1996], V)
     A reaction: Conway does not accept this claim. It seems to simplistic to say that capitalism is the sole culprit. Any rise of mechanisation in agriculture would break up rural extended families.
Capitalism is anti-community, by only valuing individuals, and breaking up families [Conway,D]
     Full Idea: Communitarns say capitalism is inimical to family community, because it encourages an individualistic mentality which only values self-fulfilment, and because it demands labour mobility which is disruptive of families.
     From: David Conway (Capitalism and Community [1996], VI)
     A reaction: Chicken-and-egg with the first one. Small entrepreneurs are individualists who seek their own gain. It is big capitalism that sucks in the others. Traditional community is based on labour-intensive agriculture.
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.