7 ideas
| 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. |
| 13304 | Learned men gain more in one day than others do in a lifetime [Posidonius] |
| Full Idea: In a single day there lies open to men of learning more than there ever does to the unenlightened in the longest of lifetimes. | |
| From: Posidonius (fragments/reports [c.95 BCE]), quoted by Seneca the Younger - Letters from a Stoic 078 | |
| A reaction: These remarks endorsing the infinite superiority of the educated to the uneducated seem to have been popular in late antiquity. It tends to be the religions which discourage great learning, especially in their emphasis on a single book. |
| 20645 | Heat is a state of vibration, not a substance [Joule] |
| Full Idea: We consider heat not as a substance but as a state of vibration. | |
| From: James Joule (works [1870]), quoted by Peter Watson - Convergence 01 'Nature's' | |
| A reaction: The puzzle is that giving accurate accounts of vibrations, heat and movement require a quantitative substance, energy. But all we have here is movement, and the denial of a substance. Energy is 'nature's currency system'. |
| 20972 | Joule showed that energy converts to heat, and heat to energy [Joule, by Papineau] |
| Full Idea: James Joule established the equivalence of heat and mechanical energy, in the sense of showing that a specific amount of heat will always be produced by the expenditure of a given amount of energy, and vice versa. | |
| From: report of James Joule (works [1870]) by David Papineau - Thinking about Consciousness App 4.2 | |
| A reaction: This was a major step towards the law of conservation of energy. |
| 20820 | Time is an interval of motion, or the measure of speed [Posidonius, by Stobaeus] |
| Full Idea: Posidonius defined time thus: it is an interval of motion, or the measure of speed and slowness. | |
| From: report of Posidonius (fragments/reports [c.95 BCE]) by John Stobaeus - Anthology 1.08.42 | |
| A reaction: Hm. Can we define motion or speed without alluding to time? Looks like we have to define them as a conjoined pair, which means we cannot fully understand either of them. |