一、问题的提出人类任何阶段的文明都是保持物种世代延续性的人工杰作,这得益于其始终具有一种可容纳汹涌而至的变革之流的稳定框架。比起习俗、道德和宗教等社会调节工具,法律体系是更为直接、持久和有效的制度手段。一旦发生社会变革,法律也能使之稳定化和合法化。但是,法律保持稳定的刚性特点,恰好又是其不能适应社会剧烈变化的软肋,因为变革自身总是逾越法律规则制定者之预期。在瞬 I. PROBLEM PROBLEMS Civilizations at any stage of humankind are human-made masterpieces that preserve the continuity of species and generations, thanks to their constant framework of stability that accommodates the turbulent flow of change. The legal system is a more direct, lasting and effective institutional tool than social regulation tools such as custom, morality and religion. In the event of social change, the law also stabilizes and legitimizes it. However, the rigid character of the law as it is is precisely the underbelly of its inability to adapt to the drastic changes in society, since change itself always exceeds the expectations of law-makers. In the moment