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 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 The Common Law written by Oliver Wendell Holmes (Jr.) and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 440 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 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 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 The Common Law written by Oliver Wendell Holmes and published by Harvard University Press. This book was released on with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Path of the Law Webster s French Thesaurus Edition written by and published by ICON Group International. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Common Law Annotated written by Oliver Wendell Holmes and published by . This book was released on 2020-04-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differentiated book- It has a historical context with research of the time-The Common Law by Oliver Wendell HolmesOliver Wendell Holmes Jr. (March 8, 1841 - March 6, 1935) was an American jurist who served as Associate Justice of the United States Supreme Court from 1902 to 1932, and as President of the Acting Supreme Court of the United States in January. February 1930. Noted for his long service, his concise and concise opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited judges of the United States Supreme Court in history, particularly for his "clear and present danger" opinion. for a unanimous court in the case of Schenck v. United States of 1919, and is one of the most influential American common law judges, honored throughout his life in Britain and in the United States.Holmes retired from court at the age of 90, making him the longest serving judge in Supreme Court history. He also served as Associate Justice and Chief Justice of the Massachusetts Supreme Judicial Court, and was a Soldier Professor of Law at his alma mater, Harvard Law School. Deeply influenced by his experience fighting in the American Civil War, Holmes helped move American legal thinking toward legal realism.

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 Spirit of the Common Law written by Roscoe Pound and published by Transaction Publishers. This book was released on 1921 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

Download or read book Controversies in the Common Law written by Vanessa Gruben and published by University of Toronto Press. This book was released on 2022-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

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 925 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 Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Download or read book Collected Legal Papers written by Oliver Wendell Holmes and published by The Lawbook Exchange, Ltd.. This book was released on 2010 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: A valuable compilation, this volume contains Holmes' most famous speeches and papers from 1885 to 1918. Its publication in 1920 was an important event in the legal community, and it was reviewed with great enthusiasm in the major journals and law reviews. Roscoe Pound offered the finest assessment in "Judge Holmes's Contributions to the Science of Law," an essay-review from 1921 that analyzed the place of these writings in the development of American law from the 1880s to the 1920: "Rereading them consecutively in their new form and remembering the dates of their original publication, one can but see that their author has done more than lead American juristic thought of the present generation. Above all others he has shaped the methods and ideas that are characteristic of the present as distinguished from the immediate past." Harvard Law Review 34 (1920-1921):449. ". . . Collected Legal Essays is a good vertical section of the mind of that judge who beyond any other of his generation has impressed his ideas on the structure and course of the law."- Learned Hand. Oliver Wendell Holmes, Jr. [1841-1935] served as Chief Justice of the Supreme Court of the United States from 1902 to 1932. Known as "The Great Dissenter" on the Court because of the brilliant legal reasoning found in his written opinions, he often differed in opinion from Theodore Roosevelt, who had appointed him to the bench. As a young man he attended Harvard College, served in the American Civil War among the "Harvard Regiment" and was seriously wounded. After the war he attended, and later taught at Harvard Law School before his appointment to the Supreme Judicial Court of Massachusetts. Well known for his legal philosophy espoused here and in The Common Law, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. CONTENTS Early English Equity, 1885 The Law. Speech, 1885 The Profession of the Law. Part of an Address, 1886 On Receiving the Degree of LL.D. Speech, 1886 The Use of Law Schools. Oration, 1886 Agency, 1891 Privilege, Malice and Intent, 1894 Learning and Science. Speech, 1895 Executors, 1895 The Bar as a Profession, 1896 Speech at Brown University, 1897 The Path of the Law, 1897 Legal Interpretation, 1899 Law in Science and Science in Law. Address, 1889 Speech at Bar Association Dinner, 1900 Montesquieu, 1900 John Marshall. From the Bench, February 4, 1901 Address at Northwestern University Law School, 1902 Economic Elements, 1904 Maitland, 1907 Holdsworth's English Law, 1909 Law and the Court. Speech, 1913 Introduction to Continental Legal Historical Series, 1913 Ideals and Doubts, 1915 Bracton, 1915 Natural Law, 1918