5 ideas
| 7903 | 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'). |
| 20765 | Man is a brave naked will, separate from a background of values and realities [Murdoch] |
| Full Idea: Existentialists no longer see man against a background of values, of realities, which transcend him. We picture man as a brave naked will. | |
| From: Iris Murdoch (Against Dryness: a polemical sketch [1983], p.46), quoted by Kevin Aho - Existentialism: an introduction 7 'Subjectivism' | |
| A reaction: It is one thing to deny the values, and another to deny the realities. This piece is a 'polemic', and reads more like an exhortation than a truth. Many of us are, at best, cowardly naked wills. |
| 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. |