Law - One rule determines the existence of a community of rational agents as such. - Call it *the existential rule of rational community*. existential rule: A community of rational agents as such exists in time, space and degree only insofar as sufficient conditions for combined community and rational agency obtain. - The existential rule holds by simple analysis of its object, a rational community. / By rational community, I mean a community of rational agents. - It is therefore axiomatic. - The formula of the rule tells what in fact enables a rational community to exist and endure. hypothesis: Absorbing this fact and reinterpreting it as a norm led to our concept of morality. - We had seen ourselves acting as stewards of the community, producing and maintaining its conditions. - We came to think this role fitting and proper to us. - We came to think it right. - Thus we absorbed the fact of the rule’s determinancy in regard to the community, turned it to a norm and called it moral. - This hypothesis raises several questions. • Did that actually happen, and to what extent? • What theoretic sense can be made from such a conception of morality? What normative ethic? • What practical sense? How might it fit in society? - I do not tackle the first question here. + Repair this anticlimax. | raise the first question in isolation, then set it aside in favour of the other two - Rather I simply use the hypothesis in order to gain entry to the other questions, beginning with the theoretic, which I do by following the *steps* of the hypothesis. - I acknowledge the rule, reinterpret it as a norm and think to apply it. I - The rule being formed by causal analysis of its object, it has one formal element: existential rule: (κ) κ) A causal relation to a rational community - Its one formal element aside, the rule is empty. / The expanded formula that I gave previously for the rule merely made explicit what is, in any case, already present in its object. : re `expanded formula.+previously` see `^*existential rule:.+community` - Translating it into a normative context yields *two* formal elements. κ) One’s rational community as an end ν) The form of law - Element (ν) emerges because: what the rule holds conditionally, namely its object, must hold unconditionally in the normative translation. - Right behaviour is not a matter of indifference. - Thus the object, the end that holds the object (κ) and the norm that holds the end must all be expressed as necessary. - The norm must be absolute and universal, and this requires the form of law (ν). - These two formal elements aside, the norm (like the rule) is empty. - Call it *the normative law of rational community*. normative law: (κ, ν) - The determinative function of the original rule translates through to the law. - The normative law (like the existential rule) is seen to be a determinant of its object (though here of a practical kind), bringing to bear on it will (κ) and the form of law (ν). - Therefore this is the function I have in mind when I think to apply the law. - And with that, the normative interpretation is complete. - Here then, in its essential form and function, is the normative law of rational community, the principle behind the concept of morality which the hypothesis holds to be ours. II ⋮ - What I have in mind … to apply the law as a means of determining the community. : see @ `^^moment of autonomy$`i @ 40_law.notes.brec ⋮ \ Copyright © 2023 Michael Allan.