“守法作为借口”:通过社会规范的法律干预
发布时间：2018-09-19 17:20
【摘要】：在以社交宴饮为代表的诸多现实场景中,人们的行为有时会受到无效率社会规范的约束。在此类场景中,法律实现行为干预的机制可能是间接的,即通过干扰相关行为的社会涵义,使人们能够以"守法"为"借口",摆脱无效率社会规范的束缚,并由此改变其行为选择。这种通过社会规范的法律干预机制可以被称为"守法作为借口"。"守法作为借口"以法律所具有的表达功能为基础,其与在传统理论中受到更多关注的直接威慑机制既存在区别又存在互补。借助交叉学科的研究视角来理解"守法作为借口"这一微妙机制,有助于揭示法律在社会治理中所起到的真实作用,推进有关"法与社会规范"的理论思考,并扩展在实践中进行制度设计与成效检讨的思路。
[Abstract]:In many realistic scenes represented by social banquets, people's behavior is sometimes restricted by inefficient social norms. In such a scenario, the mechanism of legal intervention may be indirect, that is, by interfering with the social meaning of the relevant behavior, people can get rid of the shackles of inefficient social norms by using "abiding by the law" as an "excuse". And thus change their behavior choices. This mechanism of legal intervention through social norms can be called "law-abiding as an excuse". " Law-abiding as an excuse "is based on the expressive function of law, which is different from and complementary to the mechanism of direct deterrence which has received more attention in traditional theory." Understanding the subtle mechanism of "abiding by the law as an excuse" from the perspective of interdisciplinary research is helpful to reveal the true role of law in social governance and to promote the theoretical thinking about "law and social norms". And expand the practice of system design and effectiveness review ideas.
【作者单位】： 中国海洋大学法政学院;
【基金】：国家社会科学基金一般项目“非正式规范的法律干预研究”(16BFX015)的阶段性成果
【分类号】：D924.3
，
本文编号：2250801
[Abstract]:In many realistic scenes represented by social banquets, people's behavior is sometimes restricted by inefficient social norms. In such a scenario, the mechanism of legal intervention may be indirect, that is, by interfering with the social meaning of the relevant behavior, people can get rid of the shackles of inefficient social norms by using "abiding by the law" as an "excuse". And thus change their behavior choices. This mechanism of legal intervention through social norms can be called "law-abiding as an excuse". " Law-abiding as an excuse "is based on the expressive function of law, which is different from and complementary to the mechanism of direct deterrence which has received more attention in traditional theory." Understanding the subtle mechanism of "abiding by the law as an excuse" from the perspective of interdisciplinary research is helpful to reveal the true role of law in social governance and to promote the theoretical thinking about "law and social norms". And expand the practice of system design and effectiveness review ideas.
【作者单位】： 中国海洋大学法政学院;
【基金】：国家社会科学基金一般项目“非正式规范的法律干预研究”(16BFX015)的阶段性成果
【分类号】：D924.3
，
本文编号：2250801
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