The Problem With 'History and Tradition'
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The History and Tradition Test
David Frum: The history and tradition test is extremely problematic. He says the law was written to deal with people who killed their spouses or children. But he says it also dealt with activities short of killing that were not recognized in the law. Frum: So we're talking about a position of inferiority as to be mind-blowingly unrecognizable to our modern conception of how we treat family relationships.
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