不同的解释方法意味着不同的信息费用与精确性。形式主义倾向的裁判既有助于节省法官的裁判成本,又有助于获得判决的权威性与提高法律的确定性,降低人们的服从成本、和解成本及对法官的监控成本。但在疑难案件中,严格形式化的裁判将导致案件处理精确性的损失。形式化较强的文本解释与裁量性较强的非文本解释反映了对不同成本的关注。为了降低说服成本,司法过程充满了修辞。判决出自法律是最有效的修辞,因此法官即使在“造法”也努力披上“解释”的外衣。当然,这也是法律对修辞的一种限制。更有助于法官决策的是社会科学知识而非道德理论,但道德话语往往更具修辞色彩。 Different methods of interpretation mean different information costs and accuracy. Formalist referees not only help to save judges the cost of referees, but also help to obtain the authority of judgments and improve the certainty of the law, and reduce people’s compliance costs, settlement costs and the cost of monitoring the judges. However, in difficult cases, strictly formalized referees will result in the loss of accuracy of the case. Formally structured textual explanations and discretionary non-textual explanations reflect concerns about different costs. In order to reduce persuasion costs, the judicial process is full of rhetoric. Judgments from the law is the most effective rhetoric, so even if the judge in the “make” also try to put on the “interpretation” of the coat. Of course, this is also a legal restriction on rhetoric. More helpful to the judge’s decision is the knowledge of social science than moral theory, but moral discourse is often more rhetorical.