重思“法律信仰”

法律信仰在我国是一个充满争议的话题,其之所以如此在很大程度上是因为对法律信仰这个源自西方的命题不加审视地视其为真理而简单接受。笔者在考察伯尔曼法律信仰命题背后的问题意识的基础上,认为法律信仰是将二元论下两个根本有别的秩序体简单联合在一起的失败努力。同时,基于对引发法律信仰思考的问题意识的肯定和公民宗教问题的讨论中,笔者认为在一元论社会条件下应该提倡的是"法律信心"而非法律信仰。

Rethinking "Belief in Law"

Belief in law is a controversial topic in Chinese current academics , the reason is that, in large part, we accepted the belief of law which in essence was a West proposition as a real truth without critically canvassed. Based on the investigation of the question which caused Berman＇s proposition of the belief in law, we make a conclusion that the belief in law is an failure effort to associate with two fundamental orders. At the same time, with the agreement of the problem consciousness which caused the thinking of belief in law and discussion on civil religion, we should promote a ＂confidence in law＂ instead of the belief in law in monist social conditions.