一、命题:法律科学的悖论在法制实践中,经常会出现这样一个问题,即如何用既定的法律调控千变万化的社会生活:是迁就法律的稳定与静态?还是通过不断变更法律来达致与生活合拍的态势?若采取前一种姿态,则很明显地有削足适履的意味;若采取后一种姿态,则无法保证法律的确定性、稳定性及可预见性——毕竟,正如有的学者所言,“法律之本,贵在恒常”。 First, the proposition: the paradox of law and science In the legal practice, often there will be such a question, that is, how to regulate the ever-changing social life with the established law: is to settle the law of stability and static? Or through continuous change of law to achieve and If you take the former attitude, you obviously have the means to cut your own foot. If you adopt the latter attitude, the certainty, stability and predictability of the law can not be guaranteed. After all, as some scholars Said, “The law of the country, expensive in constant ”.