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学习法律

Learning the law

Journal of Institutional Economics · 2008
被引 33
人大 BABS 3

中文导读

从神经生物学、发展心理学和学习心理学角度,解释法律如何通过间接学习而非直接遵守来影响人们的生活,并区分了儿童期的规范能力习得和成年后的二次学习过程。

Abstract

Abstract In the population, the knowledge of the law is at best fragmentary. It takes law students years to handle the law properly. How is the law nonetheless able to govern people's lives? To find an explanation, this paper draws on neurobiology, developmental psychology, and the psychology of learning. Typically, the law reaches its addressees indirectly. The law is not followed, it is learned. There are two learning objects. In childhood, individuals acquire normative proficiency, i.e. the ability to handle normative expectations. This procedural knowledge is gradually filled with the declarative knowledge of individual normative expectations of legal origin. If the law changes, through secondary learning, individuals must acquire new normative expectations. To that end, some intermediary must translate the new rule into a more contextualized social mirror rule. If changes are fundamental, as after the fall of the iron curtain, individuals must also learn new ways to handle normative expectations.

法学心理学社会学认知科学