(ii) Authoritative Presence
Law is not highly traditional merely because it has a past; so, after all, does everything over an instant old. However, the past
of law, as of every tradition, is not simply part of its history; it is an authoritative significant part of its present. Without such authoritative presence, the past is not part of a living tradition or at least not a living part of such a tradition. Much of the past enters into no tradition. It simply disappearswithout trace, or leaves traces which survive without present consequence for
anyone. Conversely, not everything from the past which has consequences in the present, such as an economically wise (or unwise) governmental decision, enters a tradition linking the
(ii) Authoritative PresenceLaw is not highly traditional merely because it has a past; so, after all, does everything over an instant old. However, the pastof law, as of every tradition, is not simply part of its history; it is an authoritative significant part of its present. Without such authoritative presence, the past is not part of a living tradition or at least not a living part of such a tradition. Much of the past enters into no tradition. It simply disappearswithout trace, or leaves traces which survive without present consequence foranyone. Conversely, not everything from the past which has consequences in the present, such as an economically wise (or unwise) governmental decision, enters a tradition linking the
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