The Legal Tradition as an Ideologically Charged Western Jurisprudence Concept

The controversial concept of legal tradition is often used in non-Western countries to protect national identity from the “universal” values of globalism. However, the use of this concept in legal history and comparative law implies Western legal tradition as a criterion for assessing and modernizing non-Western traditions. This article reveals the basic premises of three main approaches to understanding legal tradition — as a history of legal institutions (J. Head), legal culture (J. Merryman), and a messianic sense of continuity between the past and the future (H. Berman). In addition, the connection and differences between modern approaches and ancient and medieval ones are demonstrated. Finally, the author analyses the alternative concept of legal tradition as normative information (P. Glenn) and indicates the key areas of its use in non-Western jurisprudence.