70

Mark Washofsky

156.

Alisdair MacIntyre , After Virtue(Notre Dame : U. of Notre Dame Press, 1981), 207(p. 222 in the second edition, published in 1984). In his Whose Justice? Whose Rationality?(Notre Dame : U. of Notre Dame Press, 1988, 12), MacIn­ tyre expands his definition as follows:“A tradition is an argument extended through time in which certain fundamental agreements are defined and redefined in terms of two kinds of conflict: those with critics and enemies external to the tradition... and those internal, interpretive debates through which the meaning and rationale of the fundamental agreements come to be

expressed and by whose progress a tradition is constituted.”

.Put differently, a tradition is“the necessary framework to rational argu­

ment”; H. Jefferson Powell , The Moral Tradition of American Constitutionalism (Durham , NC : Duke U. Press , 1993), 14-15. See Powell at 12-47 for a consid­eration of MacIntyre ’s theory of tradition and its relationship to law.