一、引论法律向何处去?在《迈向新法律常识——法律、全球化和解放》中,桑托斯教授将法律发展的整体演进作为现代性生成和变化的重要部分,论述了法律不断为现代性所吸收从而使其内涵的解放支柱逐步坍塌于规制的过去;法律共享了现代性的过度与不足,从而在不可逆转的全球化进程中面临重重危机的当下;以及法律如何重建自身张力,从而在多样的全球化面貌下走出一条既不顺从,也不戏谑的 I. INTRODUCTION WHERE THE LAW Goes? In his “Towards a new legal common sense - law, globalization and emancipation”, Professor Santos took the overall evolution of law as an important part of the generation and change of modernity and discussed the law Which is absorbed by modernity so that the pillar of liberation of its connotation gradually collapses into the past of regulation; the law has shared the excessive and inadequate of modernity so as to be faced with momentous crisis in the process of irreversible globalization; and how the law rebuilds its own tension , So as to get out of a situation that is neither submissive nor banterful in the face of various globalization