法与理的互动逻辑及路径范式——基于乡土场域

The Interactive Logic and Path Paradigm of Law and Reason

法理是由法到理解决社会诉求的应然路径,凸显对国家法的扩充性解释,属于由上至下的模式;理法则是先理后法地调适乡土场域纠纷矛盾的地方思维模式,旨在强调民间情、理、法的逻辑关联,彰显由下至上的习惯与国法的有机整合。国家在提升社会治理的法治化水平时,乡土场域下的村规民约等习惯法也应纳入法治的系统范畴。国家的法理思维与地方的理法知识应抹去博弈态势,彼此尊重,取长补短,助推乡村振兴。

Legal principle is the necessary path from law to reason to meet the social demands, which highlights the expanded interpretation of national law and belongs to the top-down mode. Reason principle is the local thinking mode of resolving social disputes and contradictions in the local field,which aims to emphasize the logical connection of folk feelings,theories and laws and to show the organic integration of the customs with the national law from the bottom up. When the state promotes the level of rule of law in social governance, customary laws such as village rules and regulations in the local field shall also be brought into the system of rule of law. The legal thinking of the state and the knowledge of the local laws shall erase the situation of competition, respect each other and leam from each other to promote rural revitalization.