TRADITION IN GLASS OF LAW

УДК 340.12 +172

Abstract

In this article the author looks on revolution and tradition as two opposite phenomenon, leading todevelopment of law, law awareness, legal science, lawmaking, law-enforcement. For beginning he writesabout the creeping revolution, spreading worldwide during at least the last hundred years and evolvingmany revolutions (i. e. sudden and more or less considerable changes in any field of people’s activity) andsmaller changes revolutionary character, as well reaction to revolution. It shows that trends of the creepingrevolution spread to the sphere of jurisprudence. The article explores essential of revolution, criticizesrevolution as a conceptual approach and notes, in particular, that revolution conduces to dangerous loss ofspirituality. Also the explorer focuses on nuances of meaning of “progress’ and related notions and criticizesprogress as an aim of revolution. Next, he explores essential of tradition in its philosophical understandingand gives the definition of “tradition”. He proves the idea that tradition is based on systemic links. The first,these links may be technical, which conduces to transfer subjects of tradition. It should arise both within and between generations, it should be both informational and spiritual. The second, subjects of tradition areassociate (content link). Subjects of tradition are treated as material and immaterial objects that received auniform value interpretation. The author offers and briefly explains the new term “element of tradition”. Itis noted that traditions exists only within certain multigenerational social groups that are called nations, sothe author offers to use boundaries of understanding of the term “nation” wider than exclusively ethnologicalsense. It is also noted that a tradition must be in action for its existence. Action of tradition is universality(within certain nation) as direct application subjects of tradition as belief in these subjects’ validity. Theauthor proves in detail that for all legal systems the concept of tradition has advantages as compared withthe concept of revolution. Also he writes about necessity of departure from revolutionary law-awarenessand return to traditionalism as the norm-principle of any tradition. The explorer uses various examples fromhistory and modernity that illustrate and reinforce his discourses.