Catholic Law Professor J. Joel Alicea’s paper, “The Role of Emotion in Constitutional Theory,” was accepted for publication in Notre Dame Law Review, Vol. 97, in the spring of 2022. The forthcoming paper, which utilizes the works of Thomas Aquinas and Edmund Burke to explore the role of emotion in constitutional law, is now available online.

Notre Dame Law Review
By: J. Joel Alicea
Date: Spring 2022, forthcoming
The Role of Emotions in Constitutional Theory

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Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.

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To access the full article, click here.