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单纯的经验是无价值的,只有从经验抽象出来的理性——经验理性,才是有价值的。经验理性的价值在于它能够应用于其他将来的经验。每一个法律形式体系都是经验理性的形式化,是某个时代的经验智慧,满足那个时代的需要。立法遵循的逻辑与司法适用的逻辑是不一样的。前者是基于立法目标的推理,后者是基于已有法律的推理。司法逻辑应该是形式逻辑,严格遵循形式逻辑的司法推理只是用过去的法律来处理现在的纠纷,而立法逻辑应该是探效逻辑。逻辑与经验之间并不矛盾,它们只是构成法律体系的形式与内容两方面,矛盾的只是新经验与旧经验。法律经济学不仅仅是探效推理的运用,而且它也很好地说明了经验理性的作用。法律的生命是社会福利最大化,法律的成长在于形式逻辑。
Simple experience is worthless, and only rational-empirical rationality derived from experience is valuable. The value of empirical rationality lies in its ability to apply to other future experiences. Each system of legal forms is formalized by empirical reason, the wisdom of experience of an era, and meets the needs of that era. The logic followed by legislation is not the same as that applied by the judiciary. The former is based on the legislative objectives of reasoning, the latter is based on existing law reasoning. Judicial logic should be formal logic. Judicial reasoning strictly following formal logic only uses the law of the past to deal with the current disputes. And the logic of legislation should be logic of probing. There is no contradiction between logic and experience. They are only forms and contents of the legal system. Contradictions are only new experience and old experience. Legal economics is not just the use of sounding reasoning, but it also illustrates the role of empirical reasoning well. The life of law is the maximization of social welfare, and the growth of law lies in formal logic.