在规范与法律之间——《无需法律的秩序》读后

Between Norms and Laws After Reading Order without Law

在发生纠纷时,人们究竟选择法律还是规范来进行解决?著名的法社会学家埃里克森在其著作《无需法律的秩序》中对这一问题进行了诠释。作为社会控制体系诸多手段之一的规范与法律,人们在解决纠纷时对它们的选择一方面取决于规范与法律本身的优缺点,另一方面也与纠纷的特点有着密切的关系。总之,对于社会秩序和纠纷解决而言,规范和法律都是不可偏废的,法律中心论与法律边缘论都有失妥当。而且,规范才是法律权利的终极根源。

which will people select between laws or norms when disputes happen？ Famous legal sociologist Ellickson answered this question in his book Order without Law. As two of many means of the social control system, when disputes happen which people will select depends on their advantages and shortcomings of norms or laws on the one hand and has intimate connection with the features of disputes on the other hand. In a word, as far as social order and settling disputes is concerned, norms or laws can＇t be emphasized at the expense of another. Moreover, it are the norms that become the finial sources of the legal rights.