论文部分内容阅读
社会变迁可以泛指一切形式的社会变化,包括社会生活、社会结构、社会观念、社会制度的变化等。对于法律与社会变迁的关系存在两种截然相反的观点:一种认为法律必须缓慢地追随社会的变迁发展;一种认为法律对新规范的创制具有决定性作用,这是法律发展史中周期性的事件。事实上,法与社会变迁的关系绝不是单向性的,二者的互动关系可以表述为:相对于社会变迁而言,法既是反映装置,又是推动装
Social change can refer to all forms of social change, including social life, social structure, social concepts and changes in social system. There are two diametrically opposite views on the relationship between law and social change: one is that law must slowly follow the changes in society; the other is that law has a decisive role in the creation of new norms. This is a cyclical event. In fact, the relationship between law and social change is by no means unidirectional, and the interactive relationship between the two can be described as follows: as far as social changes are concerned, the law not only reflects the installation but also promotes the installation