一、保守与扩张我们已经讨论了法治的含义,以及它在什么意义上“与文明的存续同义”(尼赫鲁语)。随着本文的展开,我们将进一步探讨的这一思想是本书的中心主题之一。另一个主题是,法治总面对着一系列的威胁,这些威胁的涵义尚未被我们完全理解,而且这些威胁完全可使得这一主题毫不夸张地称为危机。我们可以从两种立场来分析危机,一种具有“保守主义”的特征,而另外一种则具有较为积极、扩张 I. Conservatism and Expansion We have already discussed the meaning of the rule of law, and in what sense is it “synonymous with the survival of civilization” (Nehru language). As this article unfolds, the idea we will explore further is one of the central themes of this book. Another theme is that the rule of law has always faced a series of threats whose meaning has not yet been fully understood by us and that these threats could perfectly justify the topic as a crisis. We can analyze the crisis from two standpoints, one with the characteristic of “conservatism,” and the other with a more positive and expansionary