Too Much Information

In H Dedek (ed) Cosmopolitan Jurisprudence. Essays in Memory of H. Patrick Glenn (Cambridge University Press)

UNSW Law Research Series No. 20-31

43 Pages Posted: 19 Jun 2020

See all articles by Martin Krygier

Martin Krygier

University of New South Wales (UNSW) - Faculty of Law

Date Written: 2020

Abstract

This Chapter explicates, explores, and commends Patrick Glenn’s choice to recognize and emphasize the significance of tradition, his master concept for understanding law, in the workings of all legal orders. However, it does not share the evangelical enthusiasm that Glenn suggests should flow from this recognition. That enthusiasm is based, I argue, on a quite idiosyncratic and contestable conception of what traditions ‘truly’ involve, absent contingency or corruption. Without his excessively sunny conception of the nature of tradition as its foundation, however, a lot of the ‘conciliatory’ hopefulness so winning in Glenn’s writings seems to rest on shifting and uncertain ground. In particular, while Glenn notes that traditions are normative, he does not follow through the implications of this normativity.

Keywords: Patrick Glenn, Martin Krygier, pastness, tradition, complexity, modernity, legal traditions, reification, culture, information, system, normativity

Suggested Citation

Krygier, Martin Evald John, Too Much Information (2020). In H Dedek (ed) Cosmopolitan Jurisprudence. Essays in Memory of H. Patrick Glenn (Cambridge University Press). Available at SSRN: https://ssrn.com/abstract=3628154

Martin Evald John Krygier (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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