Τρίτη 14 Νοεμβρίου 2017

Thinking theoretically about tradition

Από το βιβλίο - σταθμό στην πορεία του Συγκριτικού Δικαίου:

H. Patrick Glenn, Legal Traditions of the World. Sustainable Diversity in Law, 5th Edition, Oxford University Press, 2014, p. 3-4.

    "Theories are rational constructions, which must first answer to requirements of interna consistency and logic before they are tested for explanatory power in the real world. Theories, and the logic they entail, are part of the tradition of western rationalist thought. As such, a theoretical construct is a creation derived from a particular tradition (though the possibility cannot be excluded that it may also have been developed elsewhere). Now, it is perhaps possible, and even advisable, to be rational about being rational, to be theoretical about western traditions of rationality."

     "Is it therefore better not to read recent theoretical writings on tradition (largely western in origin) and to reject categorically recent calls which have been made for development of a theory of tradition? In studying traditions, legal or extra-legal, there appears to be no initial justification for granting primacy of one over others; equally, there appears to be no initial justification in precluding the particular teaching of any one of them. The western tradition now includes theory on tradition and this theory of one tradition may be useful in the encounter with other traditions. There may well be theory on tradition in other traditions, expressed in different forms of logic. A theory of tradition should therefore not be thought of as a present, or perhaps even future, construction, but rather as a present device, or method, for thinking multiple traditions. It is a method for expanding knowledge and understanding, involving movement from within one tradition to within another, using all of the teaching of both (or all) of the traditions to facilitate this process."

"Thinking theoretically about tradition means suspending conviction in a given tradition at least to the point of hearing, and learning, from another tradition. It means living, however briefly, in a 'middle ground', described recently as 'the place in between: in between cultures, peoples, and in between empires and the nonstate world of villages...[where] diverse peoples adjust their differences'. It is part of the process of overcoming separation."

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