对一项民间习惯规则的边际收益分析

Analysis to An Marginal Benefit of a Customary Rule

一个习惯法规则的产生一定是为了适应生活生产中的某种需要,并会经历一个较长时期的历史演化。但是,规则一旦定型,其局限性又会随之暴露出来,从而与规则生成的初衷产生价值悖离。原因是规则生成的初始的约束条件发生了变化。因此,随着新一轮的价值衡量的出现,规则的重新调适势在必行。

For the needs of the convenience, customary law rules were made in daily life with the development of history . However, these shortcomings of the rules would appeare as the rules shaped, which went against the original values of the rules. Because original situation had changed . We have to adjust the rules in new surroundings.