THE KEEPERS OF TRADITIONS THE ENGLISH COMMON LAWYERS AND THE PRESENCE OF LAW
Abstract
This paper investigates the subtle frame of the legal traditions, looking for the structural
relationship that indissolubly binds history, law and narrative. The core of the Author’s
thought is that the ontological and epistemological views on the nature of historical past
decide the fate of legal discourse and ju ridical arguments. Rediscovering the centrality of
T.S. Eliot’s notion of pastness as a meaningful concept that claims to be investigated when
cultural heritage is at stake, this essay brings to the surface the active role played by
English Legal Profession in the formu lation of a foundational narrative with the structure
of a legal tradition. Common Lawyers were the skilful selectors of the means of ex pression
of political power and authority of Law. It is in the narrative and aesthetics moulded by
the brotherhood of the common lawyers that we meet a conscious paradigm of political
theology.
relationship that indissolubly binds history, law and narrative. The core of the Author’s
thought is that the ontological and epistemological views on the nature of historical past
decide the fate of legal discourse and ju ridical arguments. Rediscovering the centrality of
T.S. Eliot’s notion of pastness as a meaningful concept that claims to be investigated when
cultural heritage is at stake, this essay brings to the surface the active role played by
English Legal Profession in the formu lation of a foundational narrative with the structure
of a legal tradition. Common Lawyers were the skilful selectors of the means of ex pression
of political power and authority of Law. It is in the narrative and aesthetics moulded by
the brotherhood of the common lawyers that we meet a conscious paradigm of political
theology.
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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
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Direttore responsabile:Alessandro Somma