The Origins of Law

Burke rejects attempts to identify an unchanging ancient constitution in the most remote times. The ultimate justification for law lies not in its antiquity for him, but in what we should call its evolved utility. Traditions have a presumptive value, but they must earn their keep. Cho is, a working lawyer, was not a historian, and he was clearly wrong about the origins of the common law. But i would suggest that pocock's contrast beteen the younger and the older bork is overdone. It involves concepts such as those order and representation, which are not, i suggest, drawn from thecommon law.