Tags » Marc O. DeGirolami

Law and Tradition in America: My Reply

I have a reply to the essays of Professors Bernstein, Levinson, and Stoner up at the Liberty Fund blog. It is the last in this series, and I’ve enjoyed it very much. 780 more words

Commentary

Stoner's Response: "Legal Realism, Legal Revolution"

The final response to my essay on law and tradition has been posted over at Liberty Law, and it is superb: Professor James Stoner’s Legal Realism, Legal Revolution… 513 more words

Commentary

Levinson on Law and Tradition (a Skeptical View)

Professor Sandy Levinson has an enjoyable and highly critical take on my essay about law and tradition. It’s a pleasure and an honor to be in conversation with him. 479 more words

Commentary

Bernstein, "The Courts and Tradition: A Begrudging Respect"

Professor David Bernstein (George Mason) has a thoughtful response to my essay on law and tradition. Here is a bit:

When it comes to American constitutional law, by the late 19th century there was widespread agreement on two principles: that when interpreting the Fourteenth Amendment, the Supreme Court’s role was to protect those natural rights that had been crucial to the development of Anglo-American liberty; and that the United States had an unwritten Constitution based on traditional principles, much like Great Britain’s, that informed constitutional analysis.[3] 360 more words

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"The Unforgettable Fire: Tradition and the Shape of Law"

That’s the title of an essay I have at Law and Liberty’s monthly Forum on the relationship of law and tradition. The essay is a… 823 more words

Commentary

Jurisprudential and Religious Tradition

From Chapter 4 of Edward Shils’s Tradition:

Muteness of sentiment and unthinking acceptance of a model visible in the conduct of others, the recognition of convenience and the acceptance of results at an expected level of satisfactoriness, are sometimes infused with a level of piety toward the past.

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My Visit to the Hertog Foundation

I spent a wonderful afternoon yesterday discussing religious freedom at the Hertog Foundation, as part of one of its excellent summer course series (which… 125 more words

Marc O. DeGirolami