On Legal Tradition

Abstract

The four basic theoretical question-concept, traits, structure and functions of legal tradition need further study and discussion. Legal tradition refers to any legal culture originating from the past, existing in the present and functioning in the future. It has four traits: collectiveness, legitimacy, continuity and changeability. It includes material, institutional, spiritual and behavioural legal culture. It has accumulative, indicative, integrative and directive function in the practice and development of law.