Oliver Wendell Holmes Jr Pragmatism And The Jurisprudence Of Agon
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Oliver Wendell Holmes Jr Pragmatism And The Jurisprudence Of Agon
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Author : Allen Mendenhall
language : en
Publisher: Bucknell University Press
Release Date : 2016-12-14
Oliver Wendell Holmes Jr Pragmatism And The Jurisprudence Of Agon written by Allen Mendenhall and has been published by Bucknell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-14 with Literary Criticism categories.
Oliver Wendell Holmes Jr.’s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view.
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
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr
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Author : Seth Vannatta
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-06-26
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr written by Seth Vannatta and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Philosophy categories.
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.
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.
The Path Of The Law
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Author : Oliver Wendell Holmes
language : en
Publisher:
Release Date : 2012-03-01
The Path Of The Law written by Oliver Wendell Holmes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.
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.
Oliver Wendell Holmes Jr Pragmatism And Neuroscience
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Author : Jay Schulkin
language : en
Publisher: Springer
Release Date : 2019-08-17
Oliver Wendell Holmes Jr Pragmatism And Neuroscience written by Jay Schulkin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-17 with Philosophy categories.
This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.
Stereoscopic Law
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Author : Alexander Lian
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-03
Stereoscopic Law written by Alexander Lian 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 2020-12-03 with Law categories.
This book argues for a three-dimensional view of law and restates the message of Holmes's 'The Path of the Law' for legal educators of today.
Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000-12
Law Without Values written by Albert W. Alschuler 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 2000-12 with Biography & Autobiography categories.
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
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 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.