Combining Texts

All the ideas for 'fragments/reports', 'Truth-making without Truth-makers' and 'The Concept of Law'

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6 ideas

14. Science / D. Explanation / 2. Types of Explanation / a. Types of explanation
There are 'conceptual' explanations, with their direction depending on complexity [Schnieder]
     Full Idea: The direction of conceptual explanations seems to be owed to factors of conceptual complexity and primitiveness.
     From: Benjamin Schnieder (Truth-making without Truth-makers [2006], p.33), quoted by David Liggins - Truth-makers and dependence 10.2
     A reaction: Schnieder proposes that there are just 'causal' and 'conceptual' explanations. Liggins objects that there are other types of dependence which offer explanations.
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.
26. Natural Theory / A. Speculations on Nature / 5. Infinite in Nature
Archelaus was the first person to say that the universe is boundless [Archelaus, by Diog. Laertius]
     Full Idea: Archelaus was the first person to say that the universe is boundless.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 02.Ar.3
27. Natural Reality / G. Biology / 3. Evolution
Archelaus said life began in a primeval slime [Archelaus, by Schofield]
     Full Idea: Archelaus wrote that life on Earth began in a primeval slime.
     From: report of Archelaus (fragments/reports [c.450 BCE]) by Malcolm Schofield - Archelaus
     A reaction: This sounds like a fairly clearcut assertion of the production of life by evolution. Darwin's contribution was to propose the mechanism for achieving it. We should honour the name of Archelaus for this idea.