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5 - Tradition and Change

Published online by Cambridge University Press:  24 July 2026

Marc O. DeGirolami
Affiliation:
The Catholic University of America, Columbus School of Law
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Summary

This chapter considers the relationship between tradition and change. Tradition and change are often thought to be antagonists, and there certainly is a tension between them. Nevertheless, both changes from within a tradition (endogenous change) and changes from outside it (exogenous change) depend upon adaptation in the tradition or selection of a new tradition in order to be effective. This chapter selects a few legal examples to illustrate these mechanics. As to exogenous change in particular, it chooses the issue of discrimination on the basis of race and the Supreme Court’s decision in Brown v. Board of Education, which is sometimes taken to be the paradigmatic challenge to tradition in constitutional law. It then explains the relationship between reason and tradition.

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  • Tradition and Change
  • Marc O. DeGirolami, The Catholic University of America, Columbus School of Law
  • Book: The Constitution of Practice
  • Online publication: 24 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009779210.006
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  • Tradition and Change
  • Marc O. DeGirolami, The Catholic University of America, Columbus School of Law
  • Book: The Constitution of Practice
  • Online publication: 24 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009779210.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Tradition and Change
  • Marc O. DeGirolami, The Catholic University of America, Columbus School of Law
  • Book: The Constitution of Practice
  • Online publication: 24 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009779210.006
Available formats
×