יום שני, 18 ביולי 2016

On historicity and laws


after religion, or constitution, start to examine itself historically its can only delineate and make itself weak in slow and agonizing process. without noticing, slowly but steadily, the code describing the principles of laws change its meaning.

at first people can notice that by this understanding something change and point it out. depending on the spirit of their time, namely in how open they are open to the change, so the the understanding of the principles will start to change. secondly as the historical understanding start to build up so a new principles start to arise as facade, creating facade on the previous most sacred. finally after series of changes like this the principles change without recognition and the original tradition which they went out from get more and more forgotten and hidden , all awhile nobody can even notice that the code that guide their life have changed so drastically.

 some might keep the code written or even maintain the lawgivers writings and life, but once the principles changed enough, they would be so far gone to build again.

the less sophisticated way we see it today is in the idea of progress,  so when the liberals go against the past in hope to a better future proudly, they do it through the historical lens, they attack the foundation of the lawgivers in themselves and even challenge the very authority of the tradition as they see in front of their eyes a new, and they would claim better, times ahead. from the conservative it seems they see the same thing only instead of looking on the future, they see the better future as the past as they understand it through the historical lens. all awhile they are not noticing that by the lens they change the very ground they are standing on, as they are not living in the mythical past.

both of the sides end up changing the tradition from within, one try to change the tradition embedded in the civil law through the historical lens but also put new tradition above it which he sets as goal, the other try to understand the tradition of the civil law as well his own unique tradition to some degree and in the process change it.