Combining Texts

All the ideas for 'works', 'The Concept of Law' and 'Mathematical Intuition'

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6 ideas

6. Mathematics / C. Sources of Mathematics / 4. Mathematical Empiricism / c. Against mathematical empiricism
General principles can be obvious in mathematics, but bold speculations in empirical science [Parsons,C]
     Full Idea: The existence of very general principles in mathematics are universally regarded as obvious, where on an empiricist view one would expect them to be bold hypotheses, about which a prudent scientist would maintain reserve.
     From: Charles Parsons (Mathematical Intuition [1980], p.152), quoted by Penelope Maddy - Naturalism in Mathematics
     A reaction: This is mainly aimed at Quine's and Putnam's indispensability (to science) argument about mathematics.
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.
29. Religion / B. Monotheistic Religion / 4. Christianity / d. Heresy
Philosophers are the forefathers of heretics [Tertullian]
     Full Idea: Philosophers are the forefathers of heretics.
     From: Tertullian (works [c.200]), quoted by Robert Pasnau - Metaphysical Themes 1274-1671 20.2
29. Religion / D. Religious Issues / 1. Religious Commitment / e. Fideism
I believe because it is absurd [Tertullian]
     Full Idea: I believe because it is absurd ('Credo quia absurdum est').
     From: Tertullian (works [c.200]), quoted by Robert Fogelin - Walking the Tightrope of Reason n4.2
     A reaction: This seems to be a rather desperate remark, in response to what must have been rather good hostile arguments. No one would abandon the support of reason if it was easy to acquire. You can't deny its engaging romantic defiance, though.