RSK 5

Likewise, the need for authority is very often the cause of the phenomenon of long survival of dysfunctional law, even when the harmful effects are well-known, and when those who suffer are the elite with power to change the law. Because of the need for authority a break with the past is not easy. Closely associated with the need for authority should be the rationale for the legal rule or institution. And that there is a connection is obvious. But to characterize the connection in absolute terms is not easy. A legal rule may come into being without the rationale being expressed. Perhaps it was too obvious. But then, the rule may be seen to be not always appropriate. At that stage the law will usually not be changed, but the rationale will be ignored. Even when the rationale is expressed and is well-known it may he ignored when society changes but the law remains the same. It is in the nature of things that this study is primarily historical. It is not inappropriate that much space is devoted to Roman law, which has been the most admired and most influential secular legal system. Without its use as authority, modern western law would be very different. Alan Watson 

RkJQdWJsaXNoZXIy MjYyNDk=