Combining Texts

All the ideas for 'reports', 'The Concept of Law' and '12: Colossians'

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5 ideas

1. Philosophy / D. Nature of Philosophy / 7. Despair over Philosophy
8138 Beware lest any man spoil you through philosophy [Paul]
     Full Idea: Beware lest any man spoil you through philosophy.
     From: St Paul (12: Colossians [c.55], 2.8)
     A reaction: The same might be said of preaching. The two sorts of spoiling seem to be fanaticism and wickedness. While reason can lead to fanaticism, I believe (with Socrates) that it is unlikely to corrupt morally.
10. Modality / A. Necessity / 8. Transcendental Necessity
3016 Even the gods cannot strive against necessity [Pittacus, by Diog. Laertius]
     Full Idea: Even the gods cannot strive against necessity.
     From: report of Pittacus (reports [c.610 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 01.5.4
25. Social Practice / C. Rights / 1. Basis of Rights
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.
25. Social Practice / D. Justice / 2. The Law / a. Legal system
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.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
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.