Diritto e storia nelle società del tempo perduto

What role can historical science aspire to in an era marked by the separation of law from the chains of the past? The reply of the author is a double one. Even in the age of global law, knowledge is guided by prior comprehension of a historical nature. The connection with tradition is revealed not o...

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Main Author: Realino Marra
Format: Article
Language:deu
Published: Max Planck Institute for Legal History and Legal Theory 2003-01-01
Series:Rechtsgeschichte - Legal History
Subjects:
Online Access:http://data.rg.mpg.de/rechtsgeschichte/rg03_debatte_marra.pdf
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author Realino Marra
author_facet Realino Marra
author_sort Realino Marra
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description What role can historical science aspire to in an era marked by the separation of law from the chains of the past? The reply of the author is a double one. Even in the age of global law, knowledge is guided by prior comprehension of a historical nature. The connection with tradition is revealed not only by continuities between past and present, but also by breaks and changes. Tradition lives within us even when we perceive more acutely the sense of separation. On the other hand, precisely a conscious adhesion to tradition is the best condition for recognising and thematizing the change. Only those who trust in a historical-dynamic rather than dogmatic comprehension of tradition can at the same time preserve its sense and measure the distance between it and the present.Faced, then, with the ethico-political questions raised by the juridical changes of our societies, historical consciousness continues to have an irreplaceable pedagogical function: it promotes clarity and a sense of responsibility, reinforces the capacity of judgment, teaches the necessity of recognising problems in all their complexity, and illuminates practical behaviour on the consequences of actions.
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spelling doaj.art-407d908fec434238901e42b04f4cabf92022-12-21T17:25:32ZdeuMax Planck Institute for Legal History and Legal TheoryRechtsgeschichte - Legal History1619-49932195-96172003-01-01Rg 03454810.12946/rg03/045-048173Diritto e storia nelle società del tempo perdutoRealino MarraWhat role can historical science aspire to in an era marked by the separation of law from the chains of the past? The reply of the author is a double one. Even in the age of global law, knowledge is guided by prior comprehension of a historical nature. The connection with tradition is revealed not only by continuities between past and present, but also by breaks and changes. Tradition lives within us even when we perceive more acutely the sense of separation. On the other hand, precisely a conscious adhesion to tradition is the best condition for recognising and thematizing the change. Only those who trust in a historical-dynamic rather than dogmatic comprehension of tradition can at the same time preserve its sense and measure the distance between it and the present.Faced, then, with the ethico-political questions raised by the juridical changes of our societies, historical consciousness continues to have an irreplaceable pedagogical function: it promotes clarity and a sense of responsibility, reinforces the capacity of judgment, teaches the necessity of recognising problems in all their complexity, and illuminates practical behaviour on the consequences of actions.http://data.rg.mpg.de/rechtsgeschichte/rg03_debatte_marra.pdfMPIeR
spellingShingle Realino Marra
Diritto e storia nelle società del tempo perduto
Rechtsgeschichte - Legal History
MPIeR
title Diritto e storia nelle società del tempo perduto
title_full Diritto e storia nelle società del tempo perduto
title_fullStr Diritto e storia nelle società del tempo perduto
title_full_unstemmed Diritto e storia nelle società del tempo perduto
title_short Diritto e storia nelle società del tempo perduto
title_sort diritto e storia nelle societa del tempo perduto
topic MPIeR
url http://data.rg.mpg.de/rechtsgeschichte/rg03_debatte_marra.pdf
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