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一、古典法需要替代理论在过去十年中我曾反复论证,根据现代科学哲学,作为一项研究纲领的古典契约法现已成效甚微,简直应当认为它已经被证伪(falsification)了。然而,伴随无效研究纲领衰退而来的不仅仅是证伪,其也确实期待出现一种更高级的替代纲领,以吸引该领域的研究人员,使他们有可能放弃已无效用的框架。鉴于古典契约法在过去所获得的惊人成功,存在如下事实也就不足为奇:尽管古典契约法业已死亡的信息早已出现,仍然有人顽固地拒绝接受自己的可悲失利,甚至试图使它起死回生。在我看来,古典契约法走向退化的证据无可胜数,再对此加以争论毫无意义。
I. THE REQUIREMENTS OF THE ALTERNATIVE THEORY OF THE CLASSICAL LAW I have argued repeatedly over the past decade that according to the philosophy of modern science, the classical contract law as a research program has achieved little success and should almost simply be considered as falsification. However, with the decline of invalid research programs not only falsifying, but it certainly does expect a more advanced alternative to attract researchers in the field and make it possible for them to abandon ineffective frameworks. Given the phenomenal success of the classical contract law in the past, it is not surprising that despite the fact that the classical contract law has long been dead, some still stubbornly refuse to accept its tragic defeat and even try to bring it back to life. In my opinion, the evidence of the derogation of the classical contract law is beyond any doubt. There is no point in arguing it again.