Combining Texts

All the ideas for 'Mahaprajnaparamitashastra', 'True Method in Philosophy and Theology' and 'The Concept of Law'

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5 ideas

7. Existence / A. Nature of Existence / 6. Criterion for Existence
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.
23. Ethics / C. Virtue Theory / 3. Virtues / a. Virtues
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').
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.