以雇佣习惯法为例,习惯法的生成路径体现为不同群体间的博弈,而推动博弈进程的是对合作剩余的分配。习惯法的生成标准有三个条件,即满足这三个条件方能说一项习惯法生成了,这三项条件分别是地域条件、时间条件和主体条件。 Take the customary law of employment as an example. The generation route of customary law is embodied as the game between different groups, and the process of promoting the game is the distribution of the surplus of cooperation. There are three conditions for the formation of customary law, that is, the fulfillment of these three conditions can be said to generate a common law, which are the geographical conditions, the time conditions and the subject conditions respectively.