信仰亦或信任——论守法模式的超验与经验

Transcendentalism and Experience of Law-Abiding Model

一般而言,守法模式可以分为经验和超验两条路数:超验模式强调对法律的信仰,也就是将法律视为一种形而上学他者的教条予以服从;较之超验模式,经验模式强调对法律的信任,其哲学基础在于通过获取直观经验,逐步证明或者证伪法律本身的可靠性和可预测性。不难看到,这两种模式都在政治哲学与法理学的经典学说中有所体现。特别是自中世纪以来,政治国家的合法性问题恰好是通过将对神法的信仰转换为对社会契约的信任而得到解决的。此种解决又带来新的问题:即离开法律信仰和形而上学假设,任何价值命题的正当性都将显得岌岌可危。

：Generally speaking, the mode of obeying the law can be divided into two classes： a empirical one and a transcendental one. The empirical mode of obeying the law emphasizes that one should believe in law, taking it as a metaphysical order or doctrine from other entity; the transcendental one, however, emphasizes that one should trust in law, which is generally empirical data received by human being, and justify or falsify its dependability or predictability by such data. It is quite easy to see that both mode have their places in political philosophy and jurisprudence. Especially, the puzzle of legitimacy, from medieval age, was solved by the transformation from believing in law of the God to trusting social contract. This solution, however, had brought another puzzle, that no value proposition and its legitimacy can be fully justified without metaphysical presupposes.