ABSTRACT
All legal systems are confronted by a serious dilemma. On the one hand, they aspire to constancy, seeking to treat similar cases in a similar way, so that their outcomes can be predicted with reasonable certainty. Legal certainty thus requires adherence to existing rules, even if this generates unjust or ineffective judgments in particular instances. On the other hand, if the law is to be able to adjust to new circumstances arising out of social or economic changes, it must maintain some degree of fl exibility.
