Combining Texts

All the ideas for 'fragments/reports', 'The Concept of Law' and 'Implications'

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6 ideas

1. Philosophy / H. Continental Philosophy / 6. Deconstruction
Deconstructing philosophy gives the history of concepts, and the repressions behind them [Derrida]
     Full Idea: To 'deconstruct' philosophy would be to think the structured genealogy of philosophy's concepts, but at the same time determine what this history has been able to dissimulate or forbid, making itself into history by this motivated repression.
     From: Jacques Derrida (Implications [1967], p.5)
     A reaction: All of this type of philosophy is motivated by what I think of as (I'm afraid!) a rather adolescent belief that we are all being 'repressed', and that somehow, if we think hard enough, we can all become 'free', and then everything will be fine.
The movement of 'différance' is the root of all the oppositional concepts in our language [Derrida]
     Full Idea: The movement of 'différance', as that which produces different things, that which differentiates, is the common root of all the oppositional concepts that mark our language, such as sensible/intelligible, intuition/signification, nature/culture etc.
     From: Jacques Derrida (Implications [1967], p.7)
     A reaction: 'Différance' is a word coined by Derrida, and his most famous concept. At first glance, the concept of a thing which is the source of all differentiation sounds like a fiction.
21. Aesthetics / C. Artistic Issues / 7. Art and Morality
Musical performance can reveal a range of virtues [Damon of Ath.]
     Full Idea: In singing and playing the lyre, a boy will be likely to reveal not only courage and moderation, but also justice.
     From: Damon (fragments/reports [c.460 BCE], B4), quoted by (who?) - where?
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.