Order without Law
JI Jian-wen (Law School, Shandong University of Economics, Jinan 250014, P.R.China)
Because of the influence of traditional theory of rule by law, the functions of law have been magnified not only in theory, and many theories and techniques have been proposed to realize the ideal of rule by law. However, in reality, especially in a society of acquaintances, it is not the law, but instead the social norms that help to form and maintain social order. Besides, self-help remedy prevails. And both social norms and self-help remedy are based on legal sociology, law and economics. Therefore, we should pay attention to the differences between ideal rule by law and the real world, and try hard to formulate a more reasonable and useful theory.
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