The Turn to Tradition in American Law and Culture

Marc DeGirolami, Richard W. Garnett, and Jennifer Newsome Martin on April 22, 2026 at Jenner & Block Law. This American moment is one of alienation and dislocation. In personal relations, an “epidemic of loneliness” has emerged as in-person friendships dwindle. Politically and morally, what once seemed to be long-held convictions seem suddenly up for debate. Is there still a “We the People,” as the Constitution attests? Does anything still hold this people together? It is at this moment that “tradition” has made a return. From the New York Times to the Supreme Court to the Hallmark Christmas movie, tradition is now being presented as a cure for what ails us. But what is tradition, and what can development in religious tradition tell us about development of legal tradition? In this conversation among cutting edge legal and philosophical minds, Marc DeGirolami lays out some major themes of his new book "The Constitution of Practice: On Law and Tradition." Richard W. Garnett and Jennifer Newsome Martin join him in conversation on the nature of tradition, law, and religion.