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Notre Dame Law School

Arts and Humanities

2008

Constitutional history

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Full-Text Articles in Law

The Structure Of Classical Public Law, Barry Cushman Jan 2008

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.