Oliver Wendell Holmes Jr. and Legal Logic

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022652406X
Total Pages : 238 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Oliver Wendell Holmes Jr. and Legal Logic by : Frederic R. Kellogg

Download or read book Oliver Wendell Holmes Jr. and Legal Logic written by Frederic R. Kellogg and published by University of Chicago Press. This book was released on 2018-03-16 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher : Cambridge University Press
ISBN 13 : 9780521321921
Total Pages : 0 pages
Book Rating : 4.3/5 (219 download)

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Book Synopsis Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by : Frederic R. Kellogg

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.

Pragmatism, Logic, and Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1793616981
Total Pages : 203 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Pragmatism, Logic, and Law by : Frederic Kellogg

Download or read book Pragmatism, Logic, and Law written by Frederic Kellogg and published by Rowman & Littlefield. This book was released on 2020-12-10 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.

Martindale's American Law Directory

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Publisher :
ISBN 13 :
Total Pages : 1238 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Martindale's American Law Directory by :

Download or read book Martindale's American Law Directory written by and published by . This book was released on 1913 with total page 1238 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Social Responsibilities of Business

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Publisher : Routledge
ISBN 13 : 1351317342
Total Pages : 526 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis The Social Responsibilities of Business by : Morrell Heald

Download or read book The Social Responsibilities of Business written by Morrell Heald and published by Routledge. This book was released on 2018-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the social responsibility of business has roots in the Puritan doctrine of stewardship as well as the nineteenth-century gospel of wealth, but business leaders only began to consider community welfare as a whole in the context of their corporate aspirations of the latter half of the twentieth century. Originally appearing in 1970, The Social Responsibilities of Business surveys the history of corporate actions in pursuit of social responsibility, and attempts to assess likely developments. Reissued in 1988 by Transaction with a new introduction by the author and now available in paperback, the volume provides Morrel Heald the opportunity to evaluate his earlier predictions and identify prospects for further development in the area of corporate social responsibility. Some of Heald's predictions have not yet come to fruition, and he reflects upon the reasons. No effective structure yet exists to permit an open exchange of views and needs between business and representatives of its various constituencies. In addition, two of Heald's earlier suggestions have not taken root in the way he anticipated--the company foundation, and the corporate social audit-and he assesses why they have not, and what opportunities they still provide. The Social Responsibilities of Business provides essential back ground for understanding the developing social role of the corporation and for assessing its future direction.

The Trow (formerly Wilson's) Copartnership and Corporation Directory of New York City

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Publisher :
ISBN 13 :
Total Pages : 888 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Trow (formerly Wilson's) Copartnership and Corporation Directory of New York City by :

Download or read book The Trow (formerly Wilson's) Copartnership and Corporation Directory of New York City written by and published by . This book was released on 1909 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hubbell's Legal Directory for Lawyers and Businessmen ...

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Publisher :
ISBN 13 :
Total Pages : 1646 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Hubbell's Legal Directory for Lawyers and Businessmen ... by :

Download or read book Hubbell's Legal Directory for Lawyers and Businessmen ... written by and published by . This book was released on 1896 with total page 1646 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Catalogue

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Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Catalogue by : Phillips Academy

Download or read book Catalogue written by Phillips Academy and published by . This book was released on 1889 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Annual Report of the Adjutant-General

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Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Annual Report of the Adjutant-General by : New York (State). Adjutant General's Office

Download or read book Annual Report of the Adjutant-General written by New York (State). Adjutant General's Office and published by . This book was released on 1911 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. for 1895- include "Official register of the land and naval forces of the state of New York, 1895-.

Cornell Alumni Directory

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Publisher :
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Cornell Alumni Directory by : Cornell University

Download or read book Cornell Alumni Directory written by Cornell University and published by . This book was released on 1898 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ten-year Book of Cornell University ...

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Publisher :
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Ten-year Book of Cornell University ... by : Cornell University

Download or read book The Ten-year Book of Cornell University ... written by Cornell University and published by . This book was released on 1898 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Oil News

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Publisher :
ISBN 13 :
Total Pages : 806 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Oil News by :

Download or read book Oil News written by and published by . This book was released on 1921 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Stereoscopic Law

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Publisher : Cambridge University Press
ISBN 13 : 1108600689
Total Pages : 537 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Stereoscopic Law by : Alexander Lian

Download or read book Stereoscopic Law written by Alexander Lian and published by Cambridge University Press. This book was released on 2020-12-03 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Routledge Companion to Social and Political Philosophy

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Publisher : Routledge
ISBN 13 : 1136202064
Total Pages : 869 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Routledge Companion to Social and Political Philosophy by : Gerald F. Gaus

Download or read book The Routledge Companion to Social and Political Philosophy written by Gerald F. Gaus and published by Routledge. This book was released on 2012-12-20 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to Social and Political Philosophy is a comprehensive, definitive reference work, providing an up-to-date survey of the field, charting its history and key figures and movements, and addressing enduring questions as well as contemporary research. Features unique to the Companion are: an extensive coverage of the history of social and political thought, including separate chapters on the development of political thought in the Islamic world, India, and China as well in modern Germany, France, and Britain a focus on the core concepts and the normative foundations of social and political theory a seven-chapter section devoted exclusively to distributive justice, the central issue of political philosophy since Rawls' Theory of Justice extensive coverage of global justice and international issues, which recently have emerged as vital topics an eight-chapter section on issues in social and political philosophy. The Companion is divided into eight thematic sections: The History of Social and Political Theory; Political Theories and Ideologies; Normative Foundations; The National State and Beyond; Distributive Justice; Political Concepts; Concepts and Methods in Social Philosophy; Issues in Social and Political Philosophy. Comprised of sixty-nine newly commissioned essays by leading scholars from throughout the world, The Routledge Companion to Social and Political Philosophy is the most comprehensive and authoritative resource in social and political philosophy for students and scholars.

Administrative Law and Judicial Deference

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253351
Total Pages : 273 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Administrative Law and Judicial Deference by : Matthew Lewans

Download or read book Administrative Law and Judicial Deference written by Matthew Lewans and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

Merchant Vessels of the United States

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Publisher :
ISBN 13 :
Total Pages : 828 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Merchant Vessels of the United States by :

Download or read book Merchant Vessels of the United States written by and published by . This book was released on 1946 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Catalogue of the Officers and Students ...

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Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Catalogue of the Officers and Students ... by : Meadville Theological School

Download or read book Catalogue of the Officers and Students ... written by Meadville Theological School and published by . This book was released on 1890 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: