Combining Texts

All the ideas for 'Taking Rights Seriously', 'The Structure of Science' and 'The Concept of Law'

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7 ideas

7. Existence / C. Structure of Existence / 2. Reduction
Reduction has been defined as deriving one theory from another by logic and maths [Nagel,E, by Kim]
     Full Idea: Ernest Nagel defines reduction as the possibility of deriving all laws of one theory by logic and mathematics to another theory, with appropriate 'bridging principles' (either definitions, or empirical laws) connecting the expressions of the two theories.
     From: report of Ernest Nagel (The Structure of Science [1961]) by Jaegwon Kim - Philosophy of Mind p.213
     A reaction: This has been labelled as 'weak' reduction, where 'strong' reduction would be identity, as when lightning is reduced to electrical discharge. You reduce x by showing that it is y in disguise.
24. Political Theory / D. Ideologies / 6. Liberalism / b. Liberal individualism
Dworkin believed we should promote equality, to increase autonomy [Dworkin, by Kekes]
     Full Idea: Egalitarians believe that most often it is by promoting equality that autonomy is increased; this is the egalitarianism of such liberals as Ronald Dworkin.
     From: report of Ronald Dworkin (Taking Rights Seriously [1977]) by John Kekes - Against Liberalism 05.1
     A reaction: Not my idea of equality. The whole point is to ascribe reasonable equality to everyone, including those with a limited capacity for autonomy. Equality is a consequence of universal respect.
25. Social Practice / B. Equalities / 1. Grounds of equality
We can treat people as equals, or actually treat them equally [Dworkin, by Grayling]
     Full Idea: Dworkin distinguishes between treating people as equals, that is, 'with equal concern and respect', and treating them equally. This latter can be unjust.
     From: report of Ronald Dworkin (Taking Rights Seriously [1977]) by A.C. Grayling - The Good State 2
     A reaction: The big difference I see between them is that the first is mere words, and the second is actions. Cf. 'thoughts and prayers' after US school shootings. How about equal entitlements, all things being equal?
Treating people as equals is the one basic value of all plausible political theories [Dworkin, by Kymlicka]
     Full Idea: Dworkin suggests that every plausible political theory has the same ultimate value, which is equality - in the more abstract and fundamental sense of treating people 'as equals'.
     From: report of Ronald Dworkin (Taking Rights Seriously [1977], 179-83) by Will Kymlicka - Contemporary Political Philosophy (1st edn)
     A reaction: I associate this idea with Kant (who says they are equal by virtue of their rationality), so that's a pretty influential idea. I would associate the main challenge to this with Nietzsche.
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.