Between Reasonableness And Law: Peasants' Action In Country Dispute And Its Consequence

This article is a research on ordinary peasant's respond in the rural disputes.There are four choices for peasant who suffered reasonable and legal deprivation in the dispute. Firstly, escaping from the field where rationality and validity operating, this means cost too much. Second, to replace the rationality that bereaves him by anther rationality, the result lies on the type of the object. Thirdly, he will persist in fighting while low cost. Fourth, eluding the rationality and validity by appealing to personal relation ,this means is influenced by the degree of familiarity. Finally, if the deprivation is rational without legality, except the first,second and fourth means, peasant will take law as a weapon sometimes, and the effect is attached with the balance between the law and tradition.Peasants who suffered unreasonable deprivation would allege even exaggerate irrationality of the treatment in order to endow legitimacy with his incompliance. And if this treatment had no validity, he may also threat prosecuting or finally indicting his antagonist ,this means will give him great courage in the game. The effect of this strategy also lies on the type of the antagonist.Whether he takes law as a weapon or not in the dispute is decided by cost calculation of this means. There are five types of costs that make the law become a costly means, so ADR becomes their main selection. This means is not only ones, however, because all means that can help them escape from deprivation are good. Moreover,"Setting"is one of the same factors that impact the influence of actions.Two characteristics are included in this paper. First, this research focuses on the ordinary peasant and the writer selects country disputes rather than collective action as research window, these two angles of view often ignored by former study. And doing research by putting peasant's acting choice in two aspects: rationality and legitimacy. By this way, we attained academic upgrade about peasant's acting logic. It has great and actual meaning in constituting appropriate policies and establishing harmonious society.