Book ChapterDOI
Holmes' Common Law as Legal and Social Science
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Holmes' declaration of intent makes explicit what it is hard for a reader of The Common Law to doubt: The work is primarily one of legal theory with excursions into legal history to support the theory.Abstract:
\"My notion in writing these articles,\" Holmes told a friend, speaking of the American Law Review pieces\" on which he later based his lectures2 on The Common Law,' \"is to take up from time to time the cardinal principles and conceptions of the law and make a new and more fundamental analysis of them For the purpose of constructing a new Jurisprudence or New First Book of the law. ' 4 Holmes' declaration of intent makes explicit what it is hard for a reader of The Common Law to doubt: The work is primarily one of legal theory with excursions into legal history to support the theory. Thus it is as a work of theory and not of history that The Common Law must be assessed. The first reaction that a reader or even a re-reader is likely to come away with from this famously Delphic text is one of bafflement at its recklessly miscellaneous quality. One is quite asread more
Citations
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Journal ArticleDOI
The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire
TL;DR: The availability of the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the'reception' of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces.
Book
Teaching Law: Justice, Politics, and the Demands of Professionalism
TL;DR: Teaching Law as discussed by the authors argues that the legal academy has long neglected the need to focus teaching and scholarship on the ideals of justice that law fitfully serves, the political origins of law, and the development of a respectful but critical relationship with the legal profession.
MonographDOI
Oliver Wendell Holmes, Jr., legal theory, and judicial restraint
TL;DR: A time for law, a time for playing king, and the general theory of liability as mentioned in this paper, as well as its critics, are discussed in detail in the book "A Time for Law: A Review".
Journal ArticleDOI
Langdell on Contracts and Legal Reasoning: Correcting the Holmesian Caricature
TL;DR: In the first decade of his tenure as dean of Harvard Law School (HLS) from 1870 to 1895, Christopher C Langdell (1826-1906) produced closely related works on contracts and sales that exercised great influence pedagogically and jurisprudentially as mentioned in this paper.
Posted Content
The Paradox of Paternalism and Laissez-Faire Constitutionalism: United States Supreme Court, 1888-1921
TL;DR: After World War I, the Supreme Court was poised to join or even to lead the country in its quest for a return to normalcy as mentioned in this paper. But protecting individuals and the nation from the dangers of debilitating legislative protection was not a cause to be abandoned lightly and the Taft Court tried to stem the tide.
References
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Journal ArticleDOI
Positivism and the Separation of Law and Morals
TL;DR: In this paper, the authors defend a view which Mr. Justice Holmes, among others, held and for which he and others have been much criticized, arguing that "the sin of insisting, as Austin and Bentham did, on the separation of law as it is and law as they ought to be".
Journal ArticleDOI
Justice Field and the Jurisprudence of Government-Business Relations: Some Parameters of Laissez-Faire Constitutionalism, 1863–1897
TL;DR: The institutional and economic growth of American society through the mid-nineteenth century entailed -close cooperation between the public and private sectors as mentioned in this paper, where state legislatures chartered hundreds of corporations and lavished them with land grants, lottery franchises, eminent domain privileges, and tax exemptions.
Journal ArticleDOI