问题 问答题

试比较法的规范作用和社会作用之区别。

答案

参考答案:(1)法的作用是指法律对主体行为及由主体行为而结成的社会关系所产生的具体的影响。法的作用分为法的规范作用和法的社会作用,法的规范作用是法律对主体行为的影响,法的社会作用是法律对社会关系的影响。
(2)法的规范作用和法的社会作用的区别主要体现在:二者的考察基点不同、作用对象不同、存在方式不同、所处的层面不同、发挥作用的前提不同。
第一,两者的考察基点不同。法的规范作用是基于法律的规范性特性(法的主体部分是法律规范)进行考察的,即根据法律是一种调整人的行为的规范这一基本事实。法的社会作用是基于法的本质、目的和实效进行考察的。
第二,两者的作用对象不同。法的规范作用的对象是人的行为,这里的“人”是指一切社会关系的参加者,包括自然人和社会组织。法的社会作用的对象是社会关系,即人与人的关系以及社会化了的人与自然的关系(技术法规所调整的对象)。
第三,两者的存在方式不同。法的规范作用是一切社会所共有的,不管是哪一种类型的法律都具有规范作用;而法的社会作用则依不同的类型、不同的国家、同一国家的不同时期而形成差别。
第四,两者所处的层面不同,这是由两者的考察基点不同决定的。规范作用是社会作用的手段,社会作用是规范作用的目的。规范作用具有形式性和表象性,而社会作用则具有内容性和本质性。
第五,发挥作用的前提不同。实现规范作用的前提是颁布法律,而实现社会作用的前提是法律被运用、被实施。

单项选择题
单项选择题

Senator Barack Obama likes to joke that the battle for the Democratic presidential nomination has been going on so long, babies have been born, and they’ re already walking and talking. That’s nothing. The battle between the sciences and the humanities has been going on for so long, its early participants have stopped walking and talking, because they’re already dead.

It’s been some 50 years since the physicist-turned-novelist C. P. Snow delivered his famous "Two Cultures" lecture at the University of Cambridge, in which he decried the "gulf of mutual incomprehension", the "hostility and dislike" that divided the world’s "natural scientists", its chemists, engineers, physicists and biologists, from its "literary intellectuals", a group that, by Snow’s reckoning, included pretty much everyone who wasn’t a scientist. His critique set off a frenzy of desperation that continues to this day, particularly’in the United States, as educators, policymakers and other observers lament the Balkanization of knowledge, the scientific illiteracy of the general public and the chronic academic turf wars that are all too easily lampooned.

Yet a few scholars believe that the cultural chasm can be bridged and the sciences and the humanities united into a powerful new discipline that would apply the strengths of both mindsets, the quantitative and qualitative, to a wide array of problems. Among the most ambitious of these exercises in fusion thinking is a program under development at Binghamton University in New York called the New Humanities Initiative.

Jointly conceived by David Sloan Wilson, a professor of biology, and Leslie Heywood, a professor of English, the program is intended to build on some of the themes explored in Dr. Wilson’s evolutionary studies program, which has proved enormously popular with science and nonscience majors alike, and which he describes in the recently published "Evolution for Everyone". In Dr. Wilson’s view, evolutionary biology is a discipline that, to be done right, demands a crossover approach, the capacity to think in narrative and abstract terms simultaneously, so why not use it as a template for emulsifying the two cultures generally "There are more similarities than differences between the humanities and the sciences, and some of the stereotypes have to be altered," Dr. Wilson said, "Darwin, for example, established his entire evolutionary theory on the basis of his observations of natural history, and most of that information was qualitative, not quantitative. "

As he and Dr. Heywood envision the program, courses under the New Humanities rubric would be offered campus-wide, in any number of departments, including history, literature, philosophy, sociology, law and business. The students would be introduced to basic scientific tools like statistics and experimental design and to liberal arts staples like the importance of analyzing specific texts or documents closely, identifying their animating ideas and comparing them with the texts of other immortal minds.

According to Paragraph 3, New Humanities Initiative is a program that()

A. is ambitious enough to create new discipline

B. will gain popularity for Binghamton University

C. can bridge the gap between sciences and human

D. is a combination of sciences and arts