Law and the Humanities, Co-Sponsored by Legal History and Scholarship

Go Back

Session Type: Section Programs

Session Capacity: N/A

Location: Hilton San Francisco Union Square

Room: Continental Ballroom 3

Floor: Ballroom Level

In recent years, the concept of “tradition and history” has become salient in our law, especially in Supreme Court constitutional rulings. This panel will disaggregate the concept of “tradition” from history and focus on the role of tradition itself in law. The panel will explore the question of how tradition is different from history and analyze the relationship between tradition and history. What is tradition? Whose tradition? How is law intertwined with tradition? What are the dangers of relying on tradition as a source of law? The panel will explore these important questions.