The Structure of Classical Public Law

32 Pages Posted: 15 Oct 2009 Last revised: 1 May 2013

Date Written: 2008


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.

Keywords: Classical legal thought, Duncan Kennedy, constitutional history, legal consciousness, structuralism

Suggested Citation

Cushman, Barry, The Structure of Classical Public Law (2008). University of Chicago Law Review, Vol. 75, 2008, Notre Dame Legal Studies Paper No. 1316, Available at SSRN:

Barry Cushman (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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