6 ideas
| 16383 | Puzzled Pierre has two mental files about the same object [Recanati on Kripke] |
| Full Idea: In Kripke's puzzle about belief, the subject has two distinct mental files about one and the same object. | |
| From: comment on Saul A. Kripke (A Puzzle about Belief [1979]) by François Recanati - Mental Files 17.1 | |
| A reaction: [Pierre distinguishes 'London' from 'Londres'] The Kripkean puzzle is presented as very deep, but I have always felt there was a simple explanation, and I suspect that this is it (though I will leave the reader to think it through, as I'm very busy…). |
| 22442 | If lies were ever acceptable, with would undermine all duties based on contract [Kant] |
| Full Idea: Truthfulness is a duty that must be regarded as the basis of all duties to be grounded on a contract, the law of which is made uncertain and useless if even the least exception to it is admitted. | |
| From: Immanuel Kant (On a supposed right to lie [1797], p.30) | |
| A reaction: Should we keep contracts which are made by means of deception and coercion? Where could such absolute authority for contracts come from? Do contracts and treaties tend to lapse after a long period of time? |
| 22441 | The law will protect you if you tell a truth which results in murder [Kant] |
| Full Idea: If you have by a lie prevented someone bent on murder from committing the deed, then you are legally accountable for all the consequences that might arise from it. But if you keep strictly to the truth, then public justice can hold nothing against you. | |
| From: Immanuel Kant (On a supposed right to lie [1797], p.29) | |
| A reaction: Shocking, from a supposedly great thinker. Cowardly hiding behind a perverse law. What would Kant do if the law were changed, to condemn someone who told a truth which would probably lead to a murder? Would he accept a jail sentence? |
| 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. |