Wallie_x:
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When interpreting or looking at law we must take history and tradition as our guide. My point is that most societies have held tradition in high esteem as it is an ongoing expression of their core values or 'ethos', this 'ethos' is the core fundamentalism of: who we are! (as a people)
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Yes, that is true. Where I differ is that while tradition and history define a society's core values, most modern and progressive societies are dynamic and in a constant state of flux. Whether demographic change, technological and scientific change or moral/ethical change. Core values must keep pace notwithstanding historical tradition.
The authors of The Constitution would never have imagined our society today. While I don't suggest societies break away totally from tradition, I do feel it is necessary to evolve and develop cultures and societies in line with changing times.
Let me illustrate with the caste system prevalent on the Indian subcontinent for thousands of years. When it was born, it addressed needs of the society at the time. The system was based on placing Priests at the very top of the totempole and garbage collectors at the bottom. Warriers, tailors, farmers were between the two extremes.
This was, perhaps, necessary for the requirements of society at the time. Today, it is redundant.
Unless societies and cultures excogitate these changes, they will collapse.