5 ideas
19393 | What is not active is nothing [Leibniz] |
Full Idea: We can now show from the inner truths of metaphysics that what is not active is nothing. | |
From: Gottfried Leibniz (True Method in Philosophy and Theology [1686], p.64) | |
A reaction: This is Leibniz's rebellion against the Cartesian idea that all that matters for natural existence is spatial extension. I agree (tentatively) with Leibniz's vision of nature here. Modern physics reveals a seething turmoil beneath the placid exterior. |
7903 | The six perfections are giving, morality, patience, vigour, meditation, and wisdom [Nagarjuna] |
Full Idea: The six perfections are of giving, morality, patience, vigour, meditation, and wisdom. | |
From: Nagarjuna (Mahaprajnaparamitashastra [c.120], 88) | |
A reaction: What is 'morality', if giving is not part of it? I like patience and vigour being two of the virtues, which immediately implies an Aristotelian mean (which is always what is 'appropriate'). |
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. |