民间立法何以被称为法律

民间立法在社会上广泛存在,它不仅仅是些默示规则,而且在某种意义上也是强制性规则,尽管它是由民间团体制定的,但由于它并非只约束制定规则的团体,而是约束制定者以外更多的人,因而具有普遍的适用性,主权者不应忽视其存在。诚然,民间立法可以被公共立法修改或代替,诚如国家法也会被修改或代替,这并不能否定民间立法的法律属性。

Calling Private Lawmaking the Law

The dissertation argues that private lawmaking exist everywhere in our society. They are not merely default rules, but in a way rather some mandatory rules. Although they are made by many private groups, they are not only to govern themselves but also more other persons. So they have such general applicability that any sovereignty should not neglect them. Factually, private rules may be revised or substituted by the public legislation just like the latter may be revised or substituted. That is not to deny the legal nature of the private lawmaking.