Friday, October 16, 2009

Cushman on Kennedy on Classical Public Law

The Structure of Classical Public Law has just been posted by Barry Cushman, University of Virginia School of Law. It appeared in the University of Chicago Law Review (2008). Here's the abstract:
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.

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