Karl Llewellyn on Constitutional Law
Karl Llewellyn published a single substantial article on constitutional law, The Constitution As an Institution, 34 Columbia Law Review 1 (1934). That paper was a contribution to the controversy about the relation of the constitutional text to actual governmental practice, a controversy that had as a catch-phrase the living constitution. It also represented an application to public law of the methods and ideas Llewellyn had developed in his work on private law. In addition to its intrinsic interest the article thus provides a basis for inquiries into the way in which Llewellyn's thought connected with constitutional law theory in the 1930s and into the development of his broader jurisprudential thinking. The most mature form of the later seems to be found in the course materials called "Law In Our Society," which Llewellyn used and modified from the late 1940s into the 1950s. The time period and comprehensive aspirations of those materials suggest a comparison between Llewellyn's mature approach to public law and that found in another long-unpublished course volumn of broad scope, The Legal Process.