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图书目录:PREFACE page v
I. ON NORMS IN GENERAL 1. The heterogeneous nature of the field of meaning of the word 'norm'. The aims of a General Theory of Norms must be restricted 2. The meaning of 'law'. The laws of nature are descriptive, the laws of the state are prescriptive 3. The laws of logic. Are they descriptive or prescriptive ? Realism vemm nominalism in the philosophy of logic (mathematics). The conception of the laws of logic as 'rules of a game' 4. Rules--a main type of norm. Rules determine a concept. They are neither 'descriptive' nor 'prescriptive'. Rules of a game, rules of grammar, rules of a calculus 5. Prescriptions. Prescriptions are the commands, per- missions, and prohibitions given by a norm- authority to some norm-subicct(s). The notins of promuigadon and sanction 6. Customs. Comparison with rules, prescriptions, and natural regularities. Customs determine patterns of con- duct and exert a 'normative pressure' on the members of a community. Customs as anonymous prescriptions 7. Directives or technical norms concerning means to an end. Technical norms are based on necessary relationships (anankastic propositions). Technical norms must be dis- tinguished from hypothetical norms 8. Moral norms. Their affinity to customs. Are moral norms prescriptions ? Or are they directives for the realization of moral values ? The deontologist position 9. Ideal rules. Their connexion with the notions of goodness and virtue. Ideal rules are conceptual 10. Summary of the main types of norm which we have dis- tinguished in this chapter II. PRELIMINARIES ON LOGIC. THE LOGIC OF CHANGE 1. In origin, deontic logic was an extension of modal logic. In the present work deontic logic is studied from a different point of view. Familiarity with modal logic and quantification theory not presupposed, but desirable. Familiarity with propositional logic presupposed 2. The fundamentals of propositional logic. Propositions and sentences. Sentences express propositions. Names of pro- positions and of sentences. Definition of p-expressions. The p-calculus 3. The fundamentals of propositional logic continued. Truth-functions. Tautological equivalences. Normal forms. State-descriptions, and possible worlds. Descrip- tive sentences express contingent propositions 4. What is a proposition ? Generic and individual proposi- tions. The occasion for the truth or falsehood of a pro- position. Universals and individuals. General and par- ticular propositions 5. Facts. Division of facts into states of affairs, processes, and events. Sentences which express contingently true pro- positions describe facts. Names of facts 6. The conception of events as ordered pairs of states of affairs. The event as state- transformation. The initial state and the end-state 7. The T-calculus. Definition of T- expressions. The four types of elementary state-transformations 8. Every state-transformation is a truth- function of element- ary state-transformations. Tautologous state-transforma- tions 9. The positive normal form of T-expressions 10. Change-descriptions III. ACT AND ABILITY 1. Human acts. The importance of this notion to a theory of norms. There will be no discussion of free-will in this book 2. Acts and events. Types of act. Generic and individual acts 3. The occasion on which an act is performed. Occasion and opportunity 4. The agent. Types of agent 5. Results and consequences of action. The connexion be- tween an act and its result is intrinsic. The connexion be- tween an act and its consequences is extrinsic. Relativity of the notion of result. Result and intention 6. Distinction between act and activity. Which concept is prior? Bodily activity as a prerequisite of human acts. Acting and doing 7. The four types of elementary acts. The conditions of acting 8. The notion of forbearance. Degrees of forbearance. Re- suits and consequences of forbearance. The conditions of forbearance. The four types of elementary forbearance 9. Act and ability. The two meanings of 'can do'. 'Can do' and 'know how'. Ability, skill, and capacity 10. Doing and trying. Forbearing and unsuccessful trying 11. The reciprocal nature of the abilities to do and to forbear. The logical independence of the abilities with regard to the four types of elementary acts 12. Compelling and preventing. Their relation to the agent's ability to do and to forbear IV. THE LOGIC OF ACTION 1. The dr-calculus. Definition of df- expressions 2. Elementary d- and f-expressions 3. Every df-expression is a truth-function of elementary d- and f-expressions. The distributive properties of the d- and f-operators, df-tautologies 4. The positive normal form of df-expressions 5. Act-descriptions. Corresponding state- descriptions, change- descriptions, and act-descriptions 6. External and internal negation of df- exprcssions. Com- patibillty and incompatibillty of df- expressions 7. External and internal consequences of df- expressions 8. Uniform df-expressions. The intensional character of dr- expressions with regard to T- and p- expressions V. THE ANALYSIS OF NORMS 1. The six components of prescriptions. The concept of the norm-kernel 2. The norm-character. Division of norms into obliging and permissive norms, and of prescriptions into commands, permissions, and prohibitions 3. The norm-content. Division of prescriptions into regula- tions of action and regulations of activity. The secondary nature of the latter 4. (Cont.) Division of norms into positive and negative. Elementary norms. 0P-expressions 5. The conditions of application of norms 6. (Cont.) Division of norms into categorical and hypo- thetical. Note on Kant's 'hypothetical imperatives' 7. The norm-authority. Normative action. Division of prescriptions into theonomous and positive. Impersonal and personal norm-authorities. The concept of an office. Individual and collective norm-authorities 8. (Cont.) Division of norms into heteronomous and autono- mous. Can an agent give orders and permissions to him- self? 9. The norm-subject. Can there be prescriptions for the whole of mankind ? Can a prescription address its subject 'disjunctively'? The 'someone ought to leave the boat'- case 10. The occasion 11. (Cont. 9 & 10.) Division of prescriptions into particular and general. Particular prescriptions and the meaning of 'law' and 'rule'. The opinions of Austin and Blackstone 12. Command and prohibition. Relation between 'ought to' and 'must not' 13. The concept of permission. Weak and strong permission. Only strong permissions are norms 14. Note on the principle nul/um crimen sine lege. Closed and open systems of norms 15. Degrees of strong permission. Permission as toleration, as right, and as claim 16. Is permission an independent norm-character ? Permission as toleration can be either a declaration of intention or a promise of non-interference. The normative status of promises VI. NORMS, LANGUAGE, AND TRUTH 1. Distinction between norm and norm- formulation. _A_ pre- scription is neither the sense nor the reference of its formulation in language. The notion of promulgation. The language-dependent nature of prescriptions 2. Are all types of norm language-dependent ? The relation of rules, technical norms, and customs to language. The different positions of norms and valuations in relation to language 3. Observations on sentences in the imperative mood. Not all typical uses of imperative sentences are for enunciating norms. Not all norms can be formulated by means of im- perative sentences. When used as norm- formulations, im- perative sentences are used mainly, but not exclusively, to give prescriptions (commands and prohibitions). 'Per- missive imperatives' 4. The language of morals is not a species of prescriptive discourse, and the language of norms is not the same as language in the imperative mood 5. Observations on deontic sentences. Their richer semantic capacity as compared to imperative sentences for the purposes of enunciating norms. The use of deontic sen- tences for stating anankastic relationships 6. The use of (ordinary) indicative sentences, in the present or future tense, as norm-formulations 7. Whether a given sentence is a norm- formulation can never be seen from the sign alone. Warning against a conception of deontic logic as a study of certain linguistic forms of dis- COUrSe 8. Do norms have a truth-value? The question must be raised separately for the various types of norm which there are. Prescriptions are outside the category of truth. Norm-formulations have meaning, even if norms lack truth-value 9. The systematic ambiguity of deontic sentences. Their use as norm-formulations must be distinguished from their use to make normative statements 10. The truth-ground of a normative statement is the exist- ence of a norm. Normative statements and norm-pro- positions VII. NORMS AND EXISTENCE 1. The ontological problem of norms. Contingent and necessary existence 2. The principle that Ought cntailsCan. Discussion of 'Ought'. The extension of the principle to permissive norms 3. (Cont.) Discussion of 'entails'. The principle that Ought entails Can does not conflict with the idea of a sharp separation between norm and fact. Facts about human ability as a logical presupposition of the existence of norms 4. (Cont.) Discussion of 'can'. Failure to follow the norm in the individual case does not annihilate the norm. But generic inability to follow it is destructive of the norm 5. The application of the principle that Ought entails Can to ideals. What a man ought to be he can become 6. (Cont.) The application of the principle that Ought entails Can to rules and technical norms. The various meanings of 'want'. Pursuit of something as an end (of action) pre- supposes that the agent can do the things which are necessary for the attainment of the end 7. (Cont.) The application of the principle that Ought entails Can to prescriptions. The giving- and the receiving- aspect of prescriptions. The existence of prescriptions as dependent upon the giving-aspect alone. Does this make existence independent of ability to follow the pre- scriptions ? 8. Normative action. The result and consequences of nor- mative action. The successful performance of normative action establishes a relationship between authority and subject. Analogy between prescribing and promising. The existence of a prescription is its being 'in force' 9. The intention and reasons involved in normative action. The aim of commanding is to 'make do' 10. Permitting is letting do. Active and passive letting 11. The will-theory of norms. Commands as an expression or manifestation of a norm-authority's will to make norm- subjects do and forbear to do things. Permissions and the will to tolerate 12. The art of commanding conceived of as ability to make agents do, or forbear to do things. Ability to command does not entail that the commander succeeds in making the commanded do that which he wants him to do. The notions of obedience and disobedience. Deduction of the principle that Ought entails Can from the presuppositions of commanding 13. The matching of abilities to give and to take orders. Commanding, trying to command, and commanding to try 14. Promulgation and effective sanction as ingredients of normative action. The measure of efficacy 15. The ability to command presupposes a superior strength of the commander over the commanded. Commanding is not possible among equals viii. DEONTLC LOGIC: CATEGORICAL NORMS 1. Deontic Logic. Its basis is a theory of norm-kernels. Its division into a study of categorical and a study of hypo- thetical norms 2. The prescriptive and the descriptive interpretation of O- and P-expressions. Truth-functional and non-truth- functional uses of the connectives 3. Consistency of norms. Consistency and possible existence 4. Norms and negation. The notion of a negation-norm 5. Compatibility of norms. Statement of definitions 6. Theorems on compatibility and incompatibility of norms. Sisyphos-commands and the notion of deontic equilibrium 7. Compatibility and possible co-existence of norms. The notion of a corpus 8. Norms and necessary existence. Tautologous norms 9. Entailment between norms 10. EntaiLment and the necessary co-existence of norms. De- rived prescriptions and the commitments of a norm- authority 11. 'Ought entails May' 12. The Rule of O-distribution 13. The Rule of P-distribution 14. The constituents of a norm 15. The internal consequences of norm-contents reflected in relations of entailment between norms 16. Troth-tables in Deontic Logic. Their use for deciding whether an OP-expression is a deontic tautology IX. DEONTIC LOGIC: HYPOTHETICAL NORMS 1. Hypothetical prescriptions. Difference between categorical and hypothetical prescriptions. The problem of con- ditionality involved in hypothetical prescriptions 2. Hypothetical propositions about categorical norms, cate- gorical propositions about hypothetical norms, and hypothetical norms. In hypothetical norms it is the content and not the character which is subject to condition 3. Hypothetical norms and technical norms. The latter often belong to the 'motivation background' of the former. Technical norms are not hypothetical norms about means to ends 4. Conditioned action./-expressions 5. The conception of df-expressions as degenerate cases of /-expressions 6. Elementary/-expressions 7. The conditions of consistency of atomic / -expressions. The 'shorter' and the 'longer' form of/- expressions 8. Uniform/-expressions 9. Every /-expression is a truth-function of elementary /-expressions 10. The constituents of a /-expression. Truth -tables. /-tauto- logies 11. The normal forms of/-expressions 12. The conception of categorical norms as degenerate or limiting cases of hypothetical norms. Redefinition of OP-expressions .. 13. The principles of the logic of categorical norms are also the principles of the logic of hypothetical norms. Re- definition of the notions of the content, the conditions of application, and the negation-norm of a given norm. The metalogical notions of consistency, compatibility, and entailment 14. Some theorems on the relation between categorical and hypothetical norms 15. The conjunctive distributivity of the O- operator 16. The disjunctive non-distributivity of the P -operator 17. The notion of commitment. Discussion of some formulae of the old system of deontic logic and their equivalents in the new system 18. The Paradoxes of Commitment. Redefinition of the notion of commitment. Commitment as a voluntarv loss of normative freedom X. NORMS OF HIGHER ORDER Norms, norm-propositions, and normative acts as sug- gested contents of norms. Definition of norms of higher order. Norms of higher order and prescriptions 2. The issuing and cancelling of prescriptions. The two notions of cancellation 3. The notions of sub-authority, superior authority, and supreme or sovereign authority 4. The prominence of permissions among higher order norms. Competence norms and the delegation of power 5. The concept of validity. Factual and normative validity. Validity and truth. Invalidity 6. Chains of subordination. The notion of a normative system. Validity in a system. Do the laws of the state form a system ? 7. Invalid normative acts and the usurpation of normative power. The concept of a revolution 8. Independent and intersecting normative systems 9. Conflicting normative systems 10. Is conflict within a normative system logically possible ? The conception of competence norms as toleration of normative action and as right to normative action. The conception of the normative system as a corpus. The transmission of the sovereign will INDEX |