Download or read book The Legacy of Oliver Wendell Holmes Jr written by Robert Watson Gordon and published by Stanford University Press. This book was released on 1992 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On his retirement from the Supreme Court at the age of 90 in 1932, Oliver Wendell Holmes, Jr. was celebrated as few judges have ever been, beloved and revered as a national treasure. Holmes's influence, magnified into legend by the attention he has continued to receive, has helped to constitute the identity of the legal profession, the conception of the judicial function, and the role of the public intellectual in modern American culture." "The present collection of seven essays attempts to view Holmes's work apart from the restricted framework supplied by traditional jurisprudence by reassessing Holmes as an intellectual, a legal theorist, and an iconic public figure and culture hero. Each essay adds something new and distinctive to the scholarly controversies that have surrounded Holmes for over a century." "J. W. Burrow begins the volume by looking at Holmes's relations to various strands of Victorian social thought. she next three essays approach, each from a different angle, the problem of Holmes's relationship to formalism or classical orthodoxy in legal thought. Morton Horwitz provides a sweeping reassessment of the development of Holmes's legal thinking between the early period of the 1870's and 1880's and "The Path of the Law" in 1897. Mathias Reimann presents the first thorough exploration of Holmes's use - misuse, more often - of German philosophy, notably his discrediting, in The Common Law, of the legacy of Kant and Hegel. Stephen Diamond approaches Holmes's jurisprudence and his broader social and personal views by another original pathway, his legal opinions in taxation cases and his private views on taxation." "The final three essays consider Holmes as a man of letters and "representative" man of the American scene, both as he created himself and as he was created by others. Robert Ferguson shows how Holmes deliberately went about the work of fashioning the public persona of a judge. Peter Gibian shows how Holmes's construction of his public style was formed as a deliberate reaction against that of his famous father, Dr. Oliver Wendell Holmes, Sr. The final essay by David Hollinger has a dual purpose: to ask what Holmes meant by the "scientific way of looking at the world" and to discover how Holmes came to be such a hero to liberal Jewish intellectuals like Felix Frankfurter and Harold J. Laski."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book The Pragmatism and Prejudice of Oliver Wendell Holmes Jr written by Seth Vannatta and published by Rowman & Littlefield. This book was released on 2019-06-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.

Download or read book Destructive Messages written by Alexander Tsesis and published by NYU Press. This book was released on 2002-08-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tsesis uses historical examples to illuminate the central role racist speech played in encouraging attitudes that led to human rights violations against German Jews, Native Americans, and African Americans, and also discusses the dangers posed by hate speech spread on the Internet today. He also offers an examination of the psychology of scapegoating."--BOOK JACKET.

Download or read book Legal Reasoning Legal Theory and Rights written by MartinP. Golding and published by Routledge. This book was released on 2017-07-05 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.

Download or read book Constitutional Law written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2017-12-20 with total page 2238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.

Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Download or read book If the Foundations Are Destroyed written by K. Alan Snyder and published by Xulon Press. This book was released on 2010-04 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Our dangers are of two kinds, those which affect our religion, and those which affect our government. They are, however, so closely allied that they cannot, with propriety, be separated. The foundations which support the interests of Christianity are also necessary to support a free and equal government like our own.... Whenever the pillars of Christianity shall be overthrown, our present republican forms of government, and all the blessings which flow from them must fall with them." -Rev. Jedidiah Morse, 1799 The author believes Rev. Morse's warning is still applicable today. The basic Biblical principles upon which American civil government were founded are rapidly disappearing in our society. Yet he doesn't simply point out the problem; he also explains how the reinstatement of specific Biblical principles into American society and government can reverse the damage. The foundations can be rebuilt. K. Alan Snyder is a department chair and professor of American history at Southeastern University in Florida. He taught previously at Patrick Henry College in northern Virginia, in the graduate school of government at Regent University, and in the history/political science department at Indiana Wesleyan University. Dr. Snyder received his Ph.D. in history at The American University in Washington, D.C., and worked for several years as a historical/political consultant in the Washington, D.C. area. He is the author of Mission: Impeachable and Defining Noah Webster. Dr. Snyder ponders principles daily on his weblog at: PonderingPrinciples.com

Download or read book From a Philosophical Point of View written by Morton White and published by Princeton University Press. This book was released on 2009-02-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important philosophers of recent times, Morton White has spent a career building bridges among the increasingly fragmented worlds of the humanities, social sciences, and natural sciences. From a Philosophical Point of View is a selection of White's best essays, written over a period of more than sixty years. Together these selections represent the belief that philosophers should reflect not only on mathematics and science but also on other aspects of culture, such as religion, art, history, law, education, and morality. White's essays cover the full range of his interests: studies in ethics, the theory of knowledge, and metaphysics as well as in the philosophy of culture, the history of pragmatism, and allied currents in social, political, and legal thought. The book also includes pieces on philosophers who have influenced White at different stages of his career, among them William James, John Dewey, G. E. Moore, and W. V. Quine. Throughout, White argues from a holistic standpoint against a sharp epistemological distinction between logical and physical beliefs and also against an equally sharp one between descriptive and normative beliefs. White maintains that once the philosopher abandons the dogma that the logical analysis of mathematics and physics is the essence of his subject, he frees himself to resume his traditional role as a student of the central institutions of civilization. Philosophers should function not merely as spectators of all time and existence, he argues, but as empirically minded students of culture who try to use some of their ideas for the benefit of society.

Download or read book Ideas for the Ice Age written by Roger L. Geiger and published by Routledge. This book was released on 2020-03-02 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas for the Ice Age is a companion volume to Max Lerner's classic work Ideas Are Weapons. Both were written mostly in the 1930s, as products of a period when the democratic idea was under heavy siege from totalitarian ideologies of the right and left., In its focus, Ideas for the Ice Age is a study of the task of democracy in a revolutionary era, an enterprise that has taken on new urgency in the post-Communist world. For Lerner this task comprises four aspects around which the book is organized: the task of winning the future for American democracy, and planning its organization; the problem of selecting out those elements of a usable past which, when strengthened and extended, can assure a livable future; the problem of acting decisively in moments of international crisis; and the problem of strengthening democracy at home and completing its unfinished business., Within this framework, Lerner selects ideas and personalities that have decisively shaped the modern mind. The selections have lost none of their original timeliness. Among the wide range of figures considered here are Machiavelli, Franz Kafka, Randolph Bourne, Harold Laski, John Strachey. and Justice Oliver Wendell Holmes. Lerner reflects as well on the offices, institutions, and constitutional questions of American democracy in moments of historical crisis. For a new generation of readers, this gallery of thinkers will be essential reading, a must for students of American studies, the history of ideas, and political theory.

Download or read book New England Law Review Volume 48 Number 3 Spring 2014 written by New England Law Review and published by Quid Pro Books. This book was released on 2014-12-10 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New England Law Review now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This third issue of Volume 48, Spring 2014, contains articles and presentations from leading figures of the academy and the legal community. Contents of this issue include a Symposium on "Benchmarks: Evaluating Measurements of Judicial Productivity," featuring such recognized legal scholars as Jordan Singer, Hon. William Young, Hon. Lee Rosenthal, Steven Gensler, Chad Oldfather, John Spottswood, Carolyn Dubay, and Malia Reddick. Both trial and appellate courts are considered. In addition, extensive student research explores such fields as copyright infringement by YouTube, corporate crimes and jury findings, employees' remedies under FLSA, and protections of the mechanic's lien. Quality digital formatting includes linked notes, active tables of contents, active URLs in notes, and Bluebook citations.

Download or read book Pragmatism written by Russell B. Goodman and published by Taylor & Francis. This book was released on 2005 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents key texts in and about pragmatism, from its origins in nineteenth century America to its contemporary revival as an international and multi-disciplinary phenomenon.

Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1993-03-15 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

Download or read book Patterns of American Legal Thought written by G. Edward White and published by Quid Pro Books. This book was released on 2010-07-22 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.

Download or read book Wills Trusts and Estates Eleventh Edition written by Jesse Dukeminier and published by Aspen Publishing. This book was released on 2021-11-01 with total page 1524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids

Download or read book 1974 Annual Supplement written by Joan Schmitz Bergholt and published by Springer. This book was released on 2013-12-21 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Jeremy Bentham written by Bhikhu C. Parekh and published by Taylor & Francis. This book was released on 1993 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States of America V Dellinger written by and published by . This book was released on 1971 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: