Oliver Wendell Holmes Jr Legal Theory And Judicial Restraint
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Oliver Wendell Holmes Jr And Legal Logic
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Author : Frederic R. Kellogg
language : en
Publisher: University of Chicago Press
Release Date : 2018-03-16
Oliver Wendell Holmes Jr And Legal Logic written by Frederic R. Kellogg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Oliver Wendell Holmes Jr Legal Theory And Judicial Restraint
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Author : Frederic Rogers Kellogg
language : en
Publisher:
Release Date : 2007
Oliver Wendell Holmes Jr Legal Theory And Judicial Restraint written by Frederic Rogers Kellogg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Judges categories.
Oliver Wendell Holmes Jr Legal Theory And Judicial Restraint
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Author : Frederic R. Kellogg
language : en
Publisher: Cambridge University Press
Release Date : 2006-12-11
Oliver Wendell Holmes Jr Legal Theory And Judicial Restraint written by Frederic R. Kellogg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-11 with Philosophy categories.
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.
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Cosimo, Inc.
Release Date : 2009-01-01
The Common Law written by Oliver Wendell Holmes and has been published by Cosimo, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Biography & Autobiography categories.
Before he became U.S. Supreme Court justice in 1902, American jurist OLIVER WENDELL HOLMES JR. (1841-1935) was already famous as the most influential proponent for and teacher of the common law. In this collection of lectures-originally delivered at the Lowell Institute in Boston and first gathered in book form in 1881-Holmes introduces us to basic concepts of the common law and explains his reasoning of them. Discussed are: [ liability [ criminal law [ trespass and negligence [ fraud, malice, and intent [ possession and ownership [ the contract [ and much more. One of the most widely cited members of the Supreme Court, Holmes continues to dramatically impact the U.S. legal system to this day. This classic volume of his jurisprudence-reproduced here from the 1938 31st printing-is essential reading for anyone wishing to understand modern American law.
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Transaction Pub
Release Date : 1881
The Common Law written by Oliver Wendell Holmes and has been published by Transaction Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 1881 with Law categories.
Service of the Engine is a common local Chichewa-English expression in the Malawian fishing village where the author did her fieldwork. It refers to the practice of taking various pills--known locally as Ciba--in order to prevent and cure diseases associated with sex. This study explores the sensitive interface between the use of pharmaceuticals, available through an extensive informal distribution system, and self-treatment of sex-related diseases. The author examines morally sensitive situations in which men and women opt for Ciba, and evaluates its efficacy, or effectiveness. The discussion not only covers physical and metaphorical aspects of efficacy, but also the possible social and moral effects of medication. It offers a fresh and empirically grounded perspective on the links between efficacy, sex-related diseases and moralities. Birgitte Bruun graduated from the Institute of Anthropology, University of Copenhagen, Denmark and is currently working with reproductive health projects for United Nations Population Fund (UNFPA) in Jakarta, Indonesia.
The Common Law
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Author : Taylor & Francis Group
language : en
Publisher: Routledge
Release Date : 2020-12-18
The Common Law written by Taylor & Francis Group and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-18 with categories.
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.
The Legacy Of Oliver Wendell Holmes Jr
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Author : Robert Watson Gordon
language : en
Publisher: Stanford University Press
Release Date : 1992
The Legacy Of Oliver Wendell Holmes Jr written by Robert Watson Gordon and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
"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
Oliver Wendell Holmes A Life In War Law And Ideas
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Author : Stephen Budiansky
language : en
Publisher: W. W. Norton & Company
Release Date : 2019-05-28
Oliver Wendell Holmes A Life In War Law And Ideas written by Stephen Budiansky and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-28 with Biography & Autobiography categories.
“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.
The Path Of The Law And Its Influence
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Author : Steven J. Burton
language : en
Publisher: Cambridge University Press
Release Date : 2000-05-18
The Path Of The Law And Its Influence written by Steven J. Burton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-18 with Law categories.
Brings together distinguished legal scholars to examine a seminal work in American legal theory.
The Mind And Faith Of Justice Holmes
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Author : Oliver Wendell Holmes (Jr.)
language : en
Publisher:
Release Date : 1954
The Mind And Faith Of Justice Holmes written by Oliver Wendell Holmes (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Constitutional law categories.