Download or read book Oliver Wendell Holmes Jr Pragmatism and the Jurisprudence of Agon written by Allen Mendenhall and published by Bucknell University Press. This book was released on 2016-12-14 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes Jr.’s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view.
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 The Path of the Law written by Oliver Wendell Holmes, Jr. and published by . This book was released on 2011-04-01 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the pragmatic conception of law he introduced in his 1881 book 'The Common Law, ' Oliver Wendell Holmes, Jr. -- by 1897 a jurist on Massachusetts' highest court and soon to be an Associate Justice of the U.S. Supreme Court -- explored the limits and sources of law, as well as "the forces which determine its content and growth." This presentation is seen as laying down the gauntlet to legal scholars and judges in what would be known as the emerging "legal realism" movement. Later legal thinkers like Pound, Llewellyn and Douglas followed his lead, and that lead is seen most clearly in this essay. By the time of this pithy and accessible writing, Holmes had crystallized and clarified that conception of law which he had, in introducing his earlier book, described in the famous statement "the life of the law is not logic: it is experience." Taking that observation to the next level, this essay made it clear that judges make law, not simply finding it in books -- and they must draw on practical effects and ends in declaring legal rules, not simply reasoning from precedent. He does not hedge: it is a "fallacy" to think that "the only force at work in the development of the law is logic." More controversially, this essay makes a powerful distinction between law and morality. Law is more about what judges do, and how people react to that, than some lofty sense of ethics, he suggests. But is his figure of the "bad man" a hero or a cautionary tale? A realistic way to look at law and social control...or a precursor to Hitler and Stalin?
Download or read book Oliver Wendell Holmes Jr and Legal Logic written by Frederic R. Kellogg and published by University of Chicago Press. This book was released on 2018-03-16 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
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 Oliver Wendell Holmes Jr Pragmatism and Neuroscience written by Jay Schulkin and published by Springer. This book was released on 2019-08-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.
Download or read book Stereoscopic Law written by Alexander Lian and published by Cambridge University Press. This book was released on 2020-12-03 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a three-dimensional view of law and restates the message of Holmes's 'The Path of the Law' for legal educators of today.
Download or read book The Annotated Common Law written by Oliver Wendell Holmes, Jr. and published by Quid Pro Books. This book was released on 2011-06-11 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decoded, demythed rendition of Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Includes 2010 Foreword; extensive, clear annotations by a Tulane law professor woven into The Common Law; footnotes with real numbers; and original page cites. Care in detail, proofreading, notes, and formatting, unlike any version made. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition, even in print, has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality, fully linked ePub edition from Quid Pro's Legal Legends Series.
Download or read book The Common Law written by Oliver Wendell Holmes Jr. and published by Harvard University Press. This book was released on 2009-04-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Common Law" is a classic work from the great Supreme Court Justice Oliver Wendell Holmes, in which he examines liability, criminal law, torts, contracts, and successions. Extensively annotated throughout.
Download or read book The Common Law written by Oliver Wendell Holmes and published by Cosimo, Inc.. This book was released on 2009-01-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before he became U.S. Supreme Court justice in 1902, American jurist OLIVER WENDELL HOLMES JR. (1841-1935) was already famous as the most influential proponent for and teacher of the common law. In this collection of lectures-originally delivered at the Lowell Institute in Boston and first gathered in book form in 1881-Holmes introduces us to basic concepts of the common law and explains his reasoning of them. Discussed are: [ liability [ criminal law [ trespass and negligence [ fraud, malice, and intent [ possession and ownership [ the contract [ and much more. One of the most widely cited members of the Supreme Court, Holmes continues to dramatically impact the U.S. legal system to this day. This classic volume of his jurisprudence-reproduced here from the 1938 31st printing-is essential reading for anyone wishing to understand modern American law.
Download or read book The Common Law written by Oliver Wendell Holmes Jr and published by BoD – Books on Demand. This book was released on 2022-12-07 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oliver Wendell Holmes written by Catharine Pierce Wells and published by Cambridge University Press. This book was released on 2020-01-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes was one of the most influential figures in American law. As a Supreme Court Justice, he wrote foundational opinions about such important constitutional issues as freedom of speech and the limits of state regulatory power. As a scholar and Massachusetts High Court judge, he helped to reshape the common law for the modern industrial era. And yet, despite the many accounts of his career, Holmes himself remains an enigma. This book is the first to explore the nineteenth-century New England influences so crucial to the formation of his character. Inspired by Ralph Waldo Emerson's transcendentalism, Holmes belonged to a group of men who formulated a philosophy known as American pragmatism that stood as an alternative to English empiricism and German rationalism. This innovative study places Holmes within the transcendentalist, pragmatist tradition and thereby unlocks his unique identity and contribution to American law. Wells' nuanced analysis will appeal to legal scholars, historians, philosophers, and general readers alike.
Download or read book The Common Law written by Oliver Wendell Holmes, Jr and published by Double 9 Books. This book was released on 2023-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Common Law" is an important work written by Oliver Wendell Holmes Jr., a prominent American jurist and Associate Justice of the United States Supreme Court. Published in 1881, the book revolutionized legal thinking and had a profound impact on the development of American jurisprudence. In the book, Holmes examines the fundamental principles and concepts that underlie the legal system, particularly the common law tradition. He explores topics such as legal reasoning, the evolution of legal doctrines, the role of judges in interpreting and applying the law, and the relationship between law and society. The author has mentioned prevailing legal theories and argues for a more pragmatic and realistic approach to law, emphasizing the importance of context, social consequences, and the evolution of societal norms.
Download or read book The Common Law written by Taylor & Francis Group and published by Routledge. This book was released on 2020-12-18 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the greatest justices of the United States Supreme Court. In more than 2,000 opinions, Holmes delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In THE COMMON LAW, the ideas and judicial theory of Holmes can be studied and appreciated.
Download or read book Oliver Wendell Holmes Jr Legal Theory and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2006-12-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Download or read book The Common Law written by Oliver Wendell Holmes and published by Good Press. This book was released on 2019-11-19 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."
Download or read book Oliver Wendell Holmes Jr Legal Theory and Judicial Restraint written by Frederic Rogers Kellogg and published by . This book was released on 2007 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
