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 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 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 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 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 Legal Theory and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2011-06-30 with total page 0 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 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 737 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 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 649 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 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 The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Leading Works in Law and Social Justice written by Faith Gordon and published by Routledge. This book was released on 2021-03-23 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.
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 Formation of Professional Identity written by Patrick Longan and published by Routledge. This book was released on 2019-09-18 with total page 196 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 Philosophy of Law A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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 On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Reputation written by Nuno Garoupa and published by University of Chicago Press. This book was released on 2015-11-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
