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| holmes the path of the law: The Common Law Oliver Wendell Holmes, 1909 |
| holmes the path of the law: The Path of the Law and Its Influence Steven J. Burton, 2000-05-18 Brings together distinguished legal scholars to examine a seminal work in American legal theory. |
| holmes the path of the law: The Canon of American Legal Thought David Kennedy, William W. Fisher III, 2018-06-05 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. |
| holmes the path of the law: Stereoscopic Law Alexander Lian, 2020-12-03 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. |
| holmes the path of the law: The Path of the Law Oliver Wendell Holmes, Oliver Wendell Jr. Holmes, 2012-03-01 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. |
| holmes the path of the law: Law Without Values Albert W. Alschuler, 2000 Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him. |
| holmes the path of the law: Oliver Wendell Holmes: A Life in War, Law, and Ideas Stephen Budiansky, 2019-05-28 “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. |
| holmes the path of the law: The Collected Legal Papers Oliver Wendell Holmes, 2012-11-01 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. |
| holmes the path of the law: The Path of the Law Oliver Holmes Jr., 2017-12-17 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. |
| holmes the path of the law: On the path to AI Thomas D. Grant, Damon J. Wischik, 2020-06-02 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. |
| holmes the path of the law: Justice Oliver Wendell Holmes G. Edward White, 1995-11-16 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. |
| holmes the path of the law: Law and the Modern Mind Jerome Frank, Brian H. Bix, 2017-07-12 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. |
| holmes the path of the law: The Path of the Law Oliver Wendell Holmes, Sr., 2016-06-21 |
| holmes the path of the law: Philosophy of Law Raymond Wacks, 2014-02 Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy. |
| holmes the path of the law: Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint Frederic R. Kellogg, 2011-06-30 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. |
| holmes the path of the law: The Dialectical Path of Law Charles Lincoln, 2021 The Dialectical Path of Law discusses the origin of law leading to the development of advanced corporate law intertwined with the formation of technical tax rules. Lincoln explores the recent developments of the OECD and United States tax rules within a hardly discussed context in legal academia - the Hegelian dialectic. |
| holmes the path of the law: The Path of the Law (American Classics Library) Oliver Wendell Holmes, Jr., 2012-11-14 A classic of legal reasoning. |
| holmes the path of the law: The Mind and Faith of Justice Holmes Oliver Wendell Holmes, 1946 |
| holmes the path of the law: The Nature and Sources of the Law John Chipman Gray, 1909 |
| holmes the path of the law: The Good Lawyer David Luban, 1983 |
| holmes the path of the law: Law 101 Jay Feinman, 2014-08-01 In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like due process and equal protection, as well as by drawing distinctions between terms like murder and manslaughter. Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of court-television shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing |
| holmes the path of the law: Introductory Statistics 2e Barbara Illowsky, Susan Dean, 2023-12-13 Introductory Statistics 2e provides an engaging, practical, and thorough overview of the core concepts and skills taught in most one-semester statistics courses. The text focuses on diverse applications from a variety of fields and societal contexts, including business, healthcare, sciences, sociology, political science, computing, and several others. The material supports students with conceptual narratives, detailed step-by-step examples, and a wealth of illustrations, as well as collaborative exercises, technology integration problems, and statistics labs. The text assumes some knowledge of intermediate algebra, and includes thousands of problems and exercises that offer instructors and students ample opportunity to explore and reinforce useful statistical skills. This is an adaptation of Introductory Statistics 2e by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License. |
| holmes the path of the law: The Path of the Law Oliver Wendell Holmes Jr, Oliver Wendell Holmes, Sr., 2015-04-15 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. |
| holmes the path of the law: The Nature of the Judicial Process Benjamin Nathan Cardozo, 1921 In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions. |
| holmes the path of the law: Active Liberty Stephen Breyer, 2007-12-18 A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. |
| holmes the path of the law: Law in Science and Science in Law Oliver Wendell Holmes (Jr.), 1899 |
| holmes the path of the law: The Path of the Law and The Common Law Oliver Wendell Holmes, 2009-02-03 |
| holmes the path of the law: The Cambridge Companion to Legal Positivism Torben Spaak, Patricia Mindus, 2021-02-04 The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism. |
| holmes the path of the law: The Concept of Law Herbert Lionel Adolphus Hart, 1986 |
| holmes the path of the law: The Pragmatism and Prejudice of Oliver Wendell Holmes Jr. Seth Vannatta, 2019-06-26 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. |
| holmes the path of the law: The Great Dissent Thomas Healy, 2013-08-20 Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. |
| holmes the path of the law: Taming the Past Robert W. Gordon, 2017-06-09 A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment. |
| holmes the path of the law: Cultivating Conscience Lynn Stout, 2010-10-04 How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore. |
| holmes the path of the law: The Language of the Law David Mellinkoff, 2004-05-13 This book tells what the language of the law is, how it got that way and how it works out in the practice. The emphasis is more historical than philosophical, more practical than pedantic. |
| holmes the path of the law: The Problems of Jurisprudence Richard A. Posner, 1990 In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary. |
| holmes the path of the law: Holy Bible (NIV) Various Authors,, 2008-09-02 The NIV is the world's best-selling modern translation, with over 150 million copies in print since its first full publication in 1978. This highly accurate and smooth-reading version of the Bible in modern English has the largest library of printed and electronic support material of any modern translation. |
| holmes the path of the law: The Annotated Common Law Oliver Wendell Holmes, 2010 A new take on Holmes' classic study of law and judicial development of rules. The life of the law has not been logic: it has been experience. Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. 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 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 an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats. |
| holmes the path of the law: Jurisprudence Anthony A. D'Amato, 1984-09-24 Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments & the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word & deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book. |
| holmes the path of the law: Recognizing Wrongs John C. P. Goldberg, Benjamin C. Zipursky, 2020-02-04 Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability. |
| holmes the path of the law: Mechanical Jurisprudence ... Roscoe Pound, 1908 |
The Path of the Law and Its Influence - Cambridge University Press ...
The path of the law and its influence : the legacy of Oliver Wendell Holmes, Jr. / edited by Steven J. Burton. p. cm. – (Cambridge studies in philosophy and law) Includes index. ISBN 0-521 …
Holmes and the Paths of the Law - JSTOR
Holmes and the Paths of the Law by THOMAS A. REED* Introduction In the "Path of the Law," a lecture delivered to students at Boston University in the winter of 1897, Holmes began by …
Holmes The Path of the Law - State University of New York …
The Path of the Law by Oliver Wendell Holmes, Jr. 10 Harvard Law Review 457 (1897) When we study law we are not studying a mystery but a well-known profession. We are studying what …
Holmes - The Path of The Law Eng. - arak29.org
Holmes's legal philosophy evolved over the sixty-odd years he wrote on the law. At first, he attempted a rational, systematic, or "scientific" conceptualization.
The Path of the Law (Oliver Wendell Holmes) - nlnrac.org
The Path of the Law (Oliver Wendell Holmes) Published on Natural Law, Natural Rights, and American Constitutionalism (https://www.nlnrac.org) the answer to this question depends the …
THE PATH OF THE LAW AND ITS I : T L O J W T HOLMES, J R …
Clayton Gillette focuses on “the path dependence of the law”: in particular, the strict adherence to tradition in general and precedent in particular – and Holmes’s reaction against it.
Catholic University Law Review
jurisprudence for a just society by critiquing Justice Holmes’ seminal work, The Path of the Law. 6. This Comment argues, from the Thomistic natural law tradition, that Holmes is fundamentally …
HOLMES’S ‘PATH OF THE LAW’ AS NON-ANALYTIC JURISPRUDENCE
In this fairly short ‘discourse’3 Holmes talks about history, economics, philosophy, psychology, and criminology; he makes references to Roman, English and American law; he discusses …
Bad Man and the Good Lawyer: A Centennial Essay on Holmes's …
This paper originated in a comment I wrote on a paper by Robert Gordon for a centennial celebration of Oliver Wendell Holmes's The Path of the Law at the University of Iowa. But as I …
LAW REVI EW. - JSTOR
LAW REVI EW. VOL. X. MARCH 25, 1897. No. 8. THE PATH OF THE LAW.1 W\ IHEN we study law we are not studying a mystery but a well known profession. We are studying what we shall …
Justice Holmes, the Prediction Theory of Law, and Pragmatism
philosophers was the first of the three, Holmes's "Path of the Law, " which has since become the gospel of "legal realismll. " 4 Ad- dressing the faculty and students of the Boston University …
Holmes on Legal Method: The Predictive Theory of Law as an …
Three questions, in particular, seem to recur among thoughtful readers: (1) Why does Holmes, leader of the revolt against formalism, place so much emphasis on the role of logical analysis …
Holmes and Carl Schmitt: An Unlikely Pair? - University of Toronto
Mathias Reimann has ar-gued that German legal science was a stalking-horse for the true target of The Path of the Law-the formalism which Holmes found exemplified by Cristopher …
The Theory of Legal Interpretation - Minnesota Legal History Project
9 Jul 2017 · A month after the Harvard Law Review published “The Theory of Legal Interpretation,” it published Holmes’s speech to the New York State Bar Association on “Law in …
Holmes, Peirce and Legal Pragmatism - Yale University
Law Holmes aimed at providing a "general view" of the common law, a coherent account of criminal and civil liability.2 The central theme of Holmes's theory is that the common law has …
Old-Fashioned Postmodernism and the Legal Theories of Oliver
In The Path of the Law, Holmes writes: If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge …
After Holmes: Natural Law, Legal Realism, and the Path of the Law
Oliver Wendell Holmes, perhaps more than any other figure in American jurisprudence, can be credited with having broken America of its natural law habits and enshrined legal positivism as …
The Path of the Law - Minnesota Legal History Project
On January 8, 1897, Oliver Wendell Holmes, Jr., then a Justice on the Massachusetts Supreme Judicial Court, delivered an address at Boston University Law School that is “generally …
The Path Away from the Law - JSTOR
tury ago, Holmes seems to have regarded as epiphenomenal, dispensa-ble, obscurantist, and transitory. This is the argument of The Path of the Law as I see it: People care what the law is …
The Path of the Law - Columbia University
The Path of the Law Oliver Wendell Holmes, Jr. 10 Harvard Law Review 457 (1897) W HEN we study law we are not studying a mystery but a well-known …
The Path of the Law and Its Influence - Cambridge Unive…
The path of the law and its influence : the legacy of Oliver Wendell Holmes, Jr. / edited by Steven J. Burton. p. cm. – (Cambridge studies in philosophy …
Holmes and the Paths of the Law - JSTOR
Holmes and the Paths of the Law by THOMAS A. REED* Introduction In the "Path of the Law," a lecture delivered to students at Boston University in the …
Holmes The Path of the Law - State University of New York …
The Path of the Law by Oliver Wendell Holmes, Jr. 10 Harvard Law Review 457 (1897) When we study law we are not studying a mystery but a well-known …
Holmes - The Path of The Law Eng. - arak29.org
Holmes's legal philosophy evolved over the sixty-odd years he wrote on the law. At first, he attempted a rational, systematic, or "scientific" …
