Title

The Unforgettable Fire: Tradition and the Shape of the Law

Document Type

Essay

Publication Title

Law & Liberty

Publication Date

8-2-2016

Abstract

(Excerpt)

What is the relationship of law and tradition? Tradition, either as a proposition of independent legal value or a register in which to discuss and explain the persistence of our legal arrangements, has very little traction today. In law, as in many other areas of contemporary American life, tradition as a normatively powerful idea is wildly unfashionable—even disreputable.

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