谣言、法律信任危机与认知逻辑

Rumor,Crisis of Legal Confidence and Cognitive Logic

谣言是一种特殊的社会沟通,主要与信任或不信任的态度有关。由于现代法律系统的功能分化,现有制度装置很难使人们透彻认知法律,人们只能信任或不信任法律,这使谣言也可能滋生于法律领域。谣言是公众认知法律的二手信息,这些二手信息以对他人信任的信任作为传播机制。在谣言当中,公众对法律的认知受相对独立并带有偏向性的情感的左右,有着特殊的稳定性与敏感性。公众在谣言中还往往将对法律的认知与判断处理成经典的道德叙事。由于谣言背后不信任背景的总体性以及不信任情绪的逆反性,我们应当以不信任作为前提性预设,并放开对法律的不信任表达,从而通过对不信任的制度化排除实现常态化的信任。

Rumor is a kind of particular social communication. The spreading of rumor is nothing with whether being true and related to the attitude of trust or distrust. Because of the functional differentiation of modern legal system, it is diffi- cult for people to cognize law by the existing systematic device and people can only trust or distrust law. It can also make rumor breed in legal field. On the one hand, it is related to the abstraction and opacity of legal system, on the other hand, it is related to the symbolization of minor negative cases. By rumor, we can observe how the public as outsiders observe the fairness and re- liability of law. Rumor is a secondhand information by which the public cognize law. These secondhand information are based on the transmission mechanism of trusting others＇ trust. In rumors, the public＇s cognition of law is controlled by relatively inde- pendent and biased emotion and has a particular stableness and sensibility. The public often deal with the cognition and judg- ment of law as classical moral narratives. Because of the totality of distrust background and the adversity of distrust emotion, we only regard distrust as prerequisite hypothesis and let go the expression of distrust, and realize the normalized trust by the institutionalized exclusion of distrust.