ABSTRACT

Law as a humanistic discipline keeps contact with the deep human activities, and thereby with the common experience. With that anchorage, the judiciary is prepared to meet the unbelievable, and react instinctively, as if in the family circle at the dinner table. Law has been pushed in the direction of the first general class of institutions, that of production. Law is becoming an instrument of utility, removed from its proximity to the cultural institutions. Through that move, law loses essential qualities, particularly its roots in the core area of human experience. The classification of the total set of institutions into some basic types makes it possible to see the problems of integrating elements from one major type of institution into institutions belonging to the other basic categories. The only viable alternative seems to be to preserve the common ground through a deep integration of law in culture.