Rattner A, Yagil D, Pedahzur A
Center for the Study of Crime, Law, and Society, University of Haifa, Mount Carmel.\, Haifa, 31905 Israel.
Behav Sci Law. 2001;19(2):265-83. doi: 10.1002/bsl.435.
The issue of whether there is a 'prima facie obligation to obey the law' has intrigued human society since the days of Socrates. However, most of the writings in this field have dealt with theoretical aspects of the issue, such as the boundaries of legal obedience and frameworks defining the circumstances under which a citizen is not obliged to obey the law. Very few studies have investigated the phenomenon of legal disobedience empirically. The current study is based on a survey of Israeli citizens belonging to three sectors of the population (Jews in the general population, Israeli Arabs, and orthodox Jewish students enrolled in religious yeshiva seminaries). Respondents' attitudes towards the judicial system, the rule of law, and the duty to obey state laws were examined by means of a questionnaire especially designed for the study. The findings point to gaps between the three groups: Compared to the Arab population and the yeshiva students, support for state laws and the rule of law was stronger among Jews in the general population and, conversely, belief in the supremacy of other laws (i.e. religious laws) over state laws and readiness to take the law into one's own hands were stronger among the Arabs and the yeshiva students, compared to the general Jewish population.
自苏格拉底时代起，“是否存在‘表面上的守法义务’”这一问题便一直引发着人类社会的兴趣。然而，该领域的大多数著作都探讨了这一问题的理论层面，比如守法的界限以及界定公民无守法义务情形的框架。极少有研究从实证角度调查违法现象。当前的研究基于对以色列三个群体（普通犹太人群体、以色列阿拉伯人以及就读于宗教犹太神学院的正统犹太学生）的公民进行的调查。通过专门为本研究设计的问卷，考察了受访者对司法系统、法治以及遵守国家法律义务的态度。研究结果表明这三个群体之间存在差异：与阿拉伯人群体和神学院学生相比，普通犹太人群体对国家法律和法治的支持更强；相反，与普通犹太人群体相比，阿拉伯人和神学院学生更坚信其他法律（即宗教法律）高于国家法律，并且更愿意自行执法。
