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 A Life in War Law and Ideas written by Stephen Budiansky and published by W. W. Norton & Company. This book was released on 2019-05-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.

Download or read book The Path of the Law and Its Influence written by Steven J. Burton and published by Cambridge University Press. This book was released on 2000-05-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together distinguished legal scholars to examine a seminal work in American legal theory.

Download or read book Law Without Values written by Albert W. Alschuler and published by University of Chicago Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

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 177 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 Legacy of Oliver Wendell Holmes Jr written by Robert W. Gordon and published by . This book was released on 1992-01-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Oliver Wendell Holmes written by G. Edward White and published by Oxford University Press. This book was released on 2000-01-20 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: A biography of the well-known philosopher and judge, with emphasis on his influential thirty-year tenure as an associate justice of the United States Supreme Court.

Download or read book Justice Oliver Wendell Holmes written by G. Edward White and published by Oxford University Press. This book was released on 1995-11-16 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

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 Mind and Faith of Justice Holmes written by Oliver Wendell Holmes and published by Transaction Publishers. This book was released on 1946 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Oliver Wendell Holmes Jr written by G. Edward White and published by Oxford University Press. This book was released on 2006-03-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known as the "Great Dissenter," Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes's early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law--are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.

Download or read book Legend Legacy written by Edward J. Renehan Jr. and published by AuthorHouse. This book was released on 2008-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his The Autocrat at the Breakfast Table, Oliver Wendell Holmes wrote: "The world's great men have not commonly been great scholars, nor its great scholars great men." The Rev. Seymour St. John, D.D., (1912-2006) proved the exception to this rule. A gifted scholar, vigorous teacher, intrepid administrator, passionate athlete, and devoted man of the cloth, Seymour was also - as virtually all who knew him agree - a wonderfully gifted individual and, in the final analysis, a truly great man. The profound impact of St. John upon on an entire generation of students during his tenure at Choate - later Choate Rosemary Hall - cannot be overstated. St. John assembled one of the finest faculties in the world, expanded the school's infrastructure and constituency, and cemented Choate's place in the forefront of northeastern preparatory schools. Seymour's friends included I.M. Pei, Jack Kennedy, Eleanor Roosevelt, Douglas Dillon, Paul Mellon, George H.W. Bush, and playwright Edward Albee. St. John's uncle, Charles Seymour, was President of Yale (from which Seymour graduated Phi Beta Kappa); his mother a Greek scholar; his father the longtime Headmaster of Choate before Seymour's tenure. Seymour St. John distinguished himself as a naval officer in Europe during World War II. He won a battle star for his participation in D-Day. Later on, he was instrumental in reinvigorating ravaged continental shipping and fishing ports, and otherwise worked to bring order to the abject chaos that was postwar Europe. Ranging in terrain from Wallingfort, Ct. to Haversham, RI, Jupiter Island, Florida, and the far corners of the world, this superb biography, based on private papers held by Seymour's widow Marie L. St. John, chronicles the story of a brilliant and vital man whose life was a blessing not only to himself, but to all whom he encountered.

Download or read book Elsie Venner written by Oliver Wendell Holmes and published by . This book was released on 1861 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Great Dissent written by Thomas Healy and published by Picador. This book was released on 2014-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

Download or read book The Secrets of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2012-10-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.

Download or read book Law as Punishment Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.

Download or read book The Metaphysical Club written by Louis Menand and published by Farrar, Straus and Giroux. This book was released on 2002-04-10 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Metaphysical Club is the winner of the 2002 Pulitzer Prize for History. A national bestseller and "hugely ambitious, unmistakably brilliant" (Janet Maslin, New York Times) book about the creation of modern American thought. The Metaphysical Club was an informal group that met in Cambridge, Massachusetts, in 1872, to talk about ideas. Its members included Oliver Wendell Holmes Jr. future associate justice of the United States Supreme Court; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist, and the founder of semiotics. The Club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea -- an idea about ideas. This book is the story of that idea. Holmes, James, and Peirce all believed that ideas are not things "out there" waiting to be discovered but are tools people invent -- like knives and forks and microchips -- to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals -- that ideas are social. They do not develop according to some inner logic of their own but are entirely dependent-- like germs -- on their human carriers and environment. And they thought that the survival of any idea deps not on its immutability but on its adaptability. The Metaphysical Club is written in the spirit of this idea about ideas. It is not a history of philosophy but an absorbing narrative about personalities and social history, a story about America. It begins with the Civil War and s in 1919 with Justice Holmes's dissenting opinion in the case of U.S. v. Abrams-the basis for the constitutional law of free speech. The first four sections of the book focus on Holmes, James, Peirce, and their intellectual heir, John Dewey. The last section discusses some of the fundamental twentieth-century ideas they are associated with. This is a book about a way of thinking that changed American life.