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有些人为什么会“知法犯法”从目前来看,知法犯法现象依然大量存在,法律还没有真正成为大众的信仰。可以说,绝大多数的违法者对自己的违法行为是很清楚的,但为什么还要明知故犯呢?泰勒教授认为:在这一问题上,存在着工具主义和规范主义两种观点。工具主义的观点认为,人们在行动前,对自己遵守法律是否会受到直接的、明确的激励,会受到什么样的奖励,或者对自己触犯法律是否会受到直接的、明确的惩罚,他们会作出自己的估计,然后再据此决定自己应当如何行为——也就是说,对于各种不同的行为是可能给自己带来收益,还是会给自己造成损失,他们会作出自己的判断;规范主义的观点则认为,人们之所以遵守法律,是以他们对当局的信任为基础的。只有人们能够信任当局,能够信任当局制定的有关规则,能够信任有关的执法机构,他们才能相信自己忠诚于这个组织会给自己带来长期的收益。
Why do some people “know how to break the law ” From the present point of view, the phenomenon of knowing the law still exists in large numbers, the law has not really become the public’s faith. It can be said that the overwhelming majority of offenders are aware of their illegal behavior, but why do they still know what to do? According to Professor Taylor, on this issue, there are two kinds of views: instrumentalism and normativeism. From the instrumentalist point of view, before people act, whether they will be directly or explicitly encouraged by their compliance with the law, what kind of rewards they will receive, or whether they will be punished directly and explicitly for breaking the law, they will make Their own estimates, and then decide how they should behave accordingly - that is, whether different kinds of behavior may bring benefits to themselves or cause themselves losses, they will make their own judgments; normative The view is that the reason people follow the law is based on their trust in the authorities. Only when people can trust the authorities, trust the relevant rules set by the authorities, and trust the relevant law enforcement agencies can they believe that their loyalty to the organization will bring them long-term benefits.