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The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin Feb 1991

The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin

Michigan Law Review

This article is an attempt to identify the nature of an emerging field of legal scholarship known as "New Public Law." "New," of course, is a dangerous term. Our society's image of itself as forward looking and its tendency to market itself to itself through claims of novelty has spawned a range of phrases from the New Deal to the New Criticism to various new, improved laundry detergents. One does not hear very many positive comments about the "old" these days. The argument that old ways of doing things are better has become an emblem of mistaken thought, and the …