内化法律之路——以内化禁止性规则为切入点

法律作为一套外在的规则体系,存在规则制定者与遵守者的二元对立,为化解这种对立,本文先将法律限缩为禁止性规则,并将其分为自然禁止性规制和实证禁止性规则.然后借鉴康德的形式道德理论说明服从自律要求是遵守自然禁止性规则的原因,再通过演化博弈理论将遵守实证禁止性规则的动机还原为对利益的追求,分别提出内化两种规则的理论进路.从此法律就不再是对人的外在强加,而变成了自愿选择.

A Way to Internalize Law: On the Basis of Internalization of Prohibitive Rules

Law is a set of external rules in which there exists binary oppositions between those who make rules and those who are in compliance with the rule. In order to reconcile the opposition,the article confines law to prohibitive rules. Further,it divides law into natural prohibitive rules and positive prohibitive rules. Drawing reference from Kant’s Formal Moral Philosophy, the article illustrates that observing self-discipline serves as the cause of abiding by natural prohibitive rules and through evolutionary game theory,the article attributes the motive of observing positive prohibitive rules to seeking interests. A theoretical approach,therefore,is suggested to internalize natural prohibitive rules and positive prohibitive rules respectively. Ever since,law is no longer an externally compulsory means upon people,instead,it has become peoples’voluntary choice.