制度修辞视角下的多元社会规范分歧与化解——以法律与少数民族社群规范为对象

The Contradiction and Solution of Pluralistic Social Norms Based on the Institutional Rhetoric Theory——Taking Laws and Norms of Ethnic Minority Community As Objects

少数民族社群规范有其自身存在的价值,但与法律的分歧又有损于法治事业的发展。根据制度修辞学说,包括上述两种规范在内的社会规范在规则、概念和价值目标三个层面兼有本体修辞性与技术修辞现象,法律与少数民族社群规范的分歧正是源于各自规范内部在规则、概念和价值目标上表现出的修辞差异。利用回应型法理论可以证明修辞性对于社会规范有着逻辑所不能替代的作用,而这种作用也能被用于化解规范间的分歧乃至矛盾。

The norms of ethnic minority communities have their own values for existence,but the difference between them and the law is detrimental to the development of the cause of the rule of law.According to the institutional rhetoric theory,social norms including the above two have both ontological rhetoricity and technical rhetoric phenomena at the level of rules,concepts and value goals.The contradiction between law and norms of ethnic minority communities are precisely due to the rhetorical differences in rules,concepts and value goals within the norms.It can be proved that rhetoricity plays an irreplaceable role in social norms by using the theory of responsive law,which cannot be replaced by logic.And this role can also be used to resolve the contradictions and conflicts between norms.