法律确定性的统合理性根据与法治实施

The Unified-Reason Ground of Legal Certainty and the Implement of Law

法治是理性事业,法律确定性是法律理性的最重要表征。确立法律确定性的理性根据,抵御法律怀疑主义,对法治具有重大的理论和现实意义。法律确定性存在形式、实质、程序、生存四个维度。基于人类理解世界的视域分化,理性分别在本体、认知、实践上具有与同一世界三重关系对应的三重核心意义,即作为逻各斯的理性与主体内在关系对应,合理性与主客关系对应,合理与主体间关系对应。分立来看,法律确定性四维度对理性三重核心意义有所侧重。然而,欲全面、深刻理解包括法律现象在内的世界现象,理论家当有以统合视域关照世界之权限,法理论家亦可根据统合理性理解法律确定性。其中,"内嵌统合"使得统合理性具有辩证内涵,这不仅令以统合理性为根据的法律确定性理论能有效回应法律怀疑主义的挑战,而且当以统合理性阐发法治实施时,法治实施亦相应蕴含"和而不同"的科学意义、文化意义和生存意义。

The rule of law is an enterprise of reason, and legal certainty is the most important representation of the legal reason. Establishing the reason-ground of legal certainty to resist legal skepticism is of great theoretical and practical significance for the rule of law. There are four dimensions of legal certainty, namely, formal, substantial, procedural and existential one. Because of horizon differentiation occurred in the understand of the world, respectively, reason has triple focal meaning in ontology, cognition, practice, which are corresponding to triple relation of The-One-World, that is to say, reason as logos is corresponding to inner-subjective relations, rationality is corresponding to subject-object relations, reasonableness is corresponding to inter-subjective relations. Separately, the four dimensions of legal certainty place particular emphasis on triple focal meaning of reason. However, if theorists would like to have a comprehensive and deep understanding of world phenomenon including legal ones, then, they should have the right to inspect the world in unified horizon, and legal theorists could understand legal certainty in according with unified-reason as well. Among others, ＂embedded unification＂ makes unified-reason qualified for dialectical connotations, which not only makes the theory of legal certainty on basis of unified-reason can respond to the challenge of legal skepticism effectively, but also, when the implementation of law is elucidated with unified-reason, correspondingly, it also implies scientific, cultural, existential meaning in harmony without uniformity.