| Popis: |
My academic mentor and a most inspired developer of the law, Peter Jaggi, used to mention what may be called "The Tope’s Precept": "Standing in the middle, looking all around, going into depth”, suggesting that this is also what we have to do in legal research. I think that what the “tope” is telling us by its diving into depth is that everything has a dimension underneath the surface. And so does law. Our job as jurists is not only to watch and note the law which is around us, but to see where it comes from. And this is the creative – or I may even say: the aggressive – part of our activity, because it calls for indicating what good law is. Good law, thus, is not only warranted by a political majority, but by itself. Good law is consistent, and has its base in common values and settled traditions. The legal profession owes to society the creative and critical linkage between this base, on one hand, and the actual law, existing or to come, on the other. |
