Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Path of the Law written by Oliver Wendell Holmes Jr. and published by The Floating Press. This book was released on 2009-05-01 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
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: In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.
Download or read book The Path of the Law written by Oliver Wendell Holmes and published by . This book was released on 2012-03-01 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2012 Reprint of Original 1955 Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. "The Path of the Law" by Oliver Wendell Holmes, Jr. was originally published in the "Harvard Law Review" in 1897. By the time of his essay "The Path of the Law," Holmes had completed the evolution to a behaviorist theory of law. Whatever you may think of Holmes's jurisprudence, "The Path of the Law" is an unambiguously great exercise in legal philosophy; certainly it withstands the test of time much better than "The Common Law." Laws should be written, we learn, from the standpoint of "the bad man," he who will do the absolute minimum necessary to avoid the sanctions of his neighbors. In other words, it must create objective standards, that do not depend on the personal virtue or goodwill of the citizens. When the law seeks to determine the "intent" of someone who committed an act for which he is on trial, it is not seeking to determine whether he meant to do good or harm. The law seeks to know only whether he knew what the results of his action would be. The inquiry can be made only by considering the defendant's observable behavior.
Download or read book The Path of the Law written by Oliver Wendell Holmes Jr and published by Createspace Independent Publishing Platform. This book was released on 2015-04-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Path of the Law A Study By Oliver Wendell Holmes, Jr COMPLETE NEW EDITION When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.
Download or read book The Dialectical Path of Law written by Charles Lincoln and published by Rowman & Littlefield. This book was released on 2021-10-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
Download or read book The Collected Legal Papers written by Oliver Wendell Holmes and published by Courier Corporation. This book was released on 2012-11-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Supreme Court justice for four decades, Holmes is renowned for his learning, judgment, and eloquence, as reflected in this compilation of 26 of his papers and addresses.
Download or read book The Path of the Law written by Oliver Wendell Holmes and published by Good Press. This book was released on 2020-03-16 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Path of the Law" is a Victorian-era manual for law students prepared by Oliver Wendell Holmes Jr., an American jurist, and legal scholar. The author served as an associate justice of the United States Supreme Court. Steven Alan Childreswho also contributed to this work, was a professor of law who co-authored law books with the former American president Woodrow Wilson.
Download or read book On the path to AI written by Thomas D. Grant and published by Springer Nature. This book was released on 2020-06-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores machine learning and its impact on how we make sense of the world. It does so by bringing together two ‘revolutions’ in a surprising analogy: the revolution of machine learning, which has placed computing on the path to artificial intelligence, and the revolution in thinking about the law that was spurred by Oliver Wendell Holmes Jr in the last two decades of the 19th century. Holmes reconceived law as prophecy based on experience, prefiguring the buzzwords of the machine learning age—prediction based on datasets. On the path to AI introduces readers to the key concepts of machine learning, discusses the potential applications and limitations of predictions generated by machines using data, and informs current debates amongst scholars, lawyers and policy makers on how it should be used and regulated wisely. Technologists will also find useful lessons learned from the last 120 years of legal grappling with accountability, explainability, and biased data.
Download or read book The Path of the Law written by Oliver Holmes and published by Alpha Edition. This book was released on 2023-06-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Path of the Law by Oliver Wendell Holmes has been regarded as significant work throughout human history, and in order to ensure that this work is never lost, we have taken steps to ensure its preservation by republishing this book in a contemporary format for both current and future generations. This entire book has been retyped, redesigned, and reformatted. Since these books are not made from scanned copies, the text is readable and clear.
Download or read book The Path of the Law written by Oliver Wendell Holmes and published by Createspace Independent Publishing Platform. This book was released on 2017-11-05 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.
Download or read book The Path of the Law American Classics Library written by Oliver Wendell Holmes, Jr. and published by . This book was released on 2012-11-14 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic of legal reasoning.
Download or read book The Formation of Professional Identity written by Patrick Emery Longan and published by Routledge. This book was released on 2019-09-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self – the student’s nascent professional identity – needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer’s professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
Download or read book The Path of the Law and The Common Law written by Oliver Wendell Holmes and published by Kaplan Publishing. This book was released on 2009-02-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
