Népszokások mint kollektív én-reprezentációk (A jogi népszokás-kutatás lehetséges többlet-üzenetéről)

Varga, Csaba (2017) Népszokások mint kollektív én-reprezentációk (A jogi népszokás-kutatás lehetséges többlet-üzenetéről). IUSTUM AEQUUM SALUTARE, 13 (4). pp. 206-218. ISSN 1787-3223

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Abstract

9. 293 ‘Legal customs as representatives of the collective self, Or the available added message of investigations into popular customs’ In contrast with written law as a personal creation through abstract generalisation, legal customs as popular customs are issued of experience, reflecting what has been summed up in standing practice from the mass of pragmatic problem-solutions. As part of, or substitute to, the law or legal order hic et nunc in force, they are to serve as the main popular means of preventing and/or processing conflicts. At the same time, in their spirit, in the direction of their practical wisdom, in the potential of their relentlessness aggressiveness, as well as in the way they prefer prevention, remedy or avengement to the others–that is, in all their properties–they are directly to feature and represent, embody indeed, the various characteristics of those peoples concerned. This is to mean that once the accumulation and processing of relevant data are finished and theoretical interpretation is given, by way of comparison with broad perspectives the research of legal customs has to reach its primary goal, which can not be else than a deeper sight of our self, our genuine being in the mirror of the past we have covered. In a sense, as generalised, this is a variant of self-characterology, to be reborn again.

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