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The Formative Essays Of Justice Holmes
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Book Synopsis The Formative Essays of Justice Holmes by : Frederic Kellogg
Download or read book The Formative Essays of Justice Holmes written by Frederic Kellogg and published by Praeger. This book was released on 1984-09-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although The Common Law, the seminal work by Oliver Wendell Holmes, Jr., clearly represents the culmination of an intellectual journey, the development of Holmes' thought has not been easily deciphered. Frederic Rogers Kellogg traces Holmes' intellectual path, and asks: why did Holmes write The Common Law? what did he mean by his message that the law has evolved away from moral and toward external standards of liability? how did he arrive at this conclusion? The answers, Dr. Kellogg maintains, are to be found in a series of nine essays that originally appeared in The American Law Review. They show that Holmes was obsessed with elemental questions of pure legal theory and link him closely to the philosophic method of his friend Charles Sanders Peirce. Taken together with Holmes' later work, and viewed in light of American philosophy, these essays establish Holmes as the founder of a distinct approach to jurisprudence and reveal the implications of that approach for Holmes' later contributions to constitutional law.
Book Synopsis The Formative Essays of Justice Holmes by : Frederic Kellogg
Download or read book The Formative Essays of Justice Holmes written by Frederic Kellogg and published by Praeger. This book was released on 1984-09-04 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although The Common Law, the seminal work by Oliver Wendell Holmes, Jr., clearly represents the culmination of an intellectual journey, the development of Holmes' thought has not been easily deciphered. Frederic Rogers Kellogg traces Holmes' intellectual path, and asks: why did Holmes write The Common Law? what did he mean by his message that the law has evolved away from moral and toward external standards of liability? how did he arrive at this conclusion? The answers, Dr. Kellogg maintains, are to be found in a series of nine essays that originally appeared in The American Law Review. They show that Holmes was obsessed with elemental questions of pure legal theory and link him closely to the philosophic method of his friend Charles Sanders Peirce. Taken together with Holmes' later work, and viewed in light of American philosophy, these essays establish Holmes as the founder of a distinct approach to jurisprudence and reveal the implications of that approach for Holmes' later contributions to constitutional law.
Book Synopsis Justice Oliver Wendell Holmes by : G. Edward White
Download or read book Justice Oliver Wendell Holmes written by G. Edward White and published by Oxford University Press. This book was released on 1995-11-16 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justice Oliver Wendell Holmes by : H. L. Pohlman
Download or read book Justice Oliver Wendell Holmes written by H. L. Pohlman and published by NYU Press. This book was released on 1991 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Persuasive. A welcome addition." —The Journal of Legal History "A masterly exposition of the complex details of Holmes' Supreme Court work." —The Core Review In this work, H.L. Pohlman calls for a new interpretation of Holmes as a moderate defender of free speech, and provides a window into Holmes' basic understanding of American constitutionalism. Pohlman argues that Holmes played a crucial role in the development of the idea that the Constitution is a living entity, an idea that differed radically from nineteenth-century antecedents.
Book Synopsis Justice Holmes and the Natural Law by : Michael H. Hoffheimer
Download or read book Justice Holmes and the Natural Law written by Michael H. Hoffheimer and published by Routledge. This book was released on 2013-11-26 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1993. Not intended as a new biography of Justice Oliver Wendell Holmes or as a critical study of his legal philosophy, this book’s intention is to help fill a gap in the studies of Holmes. Without denying the power with which Holmes reacted against intellectual traditions of the nineteenth century, the author hopes to show that natural law and transcendentalist philosophy formed important vital sources of his mature legal theory.
Book Synopsis The Mind and Faith of Justice Holmes by : Oliver Wendell Holmes
Download or read book The Mind and Faith of Justice Holmes written by Oliver Wendell Holmes and published by Transaction Publishers. This book was released on 1946 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :David Rosenberg (Professor of law) Publisher :Harvard University Press ISBN 13 :9780674390027 Total Pages :308 pages Book Rating :4.3/5 (9 download)
Book Synopsis The Hidden Holmes by : David Rosenberg (Professor of law)
Download or read book The Hidden Holmes written by David Rosenberg (Professor of law) and published by Harvard University Press. This book was released on 1995 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
Book Synopsis The Supreme Court Justices: Illustrated Biographies by : Clare Cushman
Download or read book The Supreme Court Justices: Illustrated Biographies written by Clare Cushman and published by CQ Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book Description: The Supreme Court Justices: Illustrated Biographies 1789-2012, Third Edition provides a single-volume reference profiling every Supreme Court justice from John Jay through Elena Kagan. An original essay on each justice paints a vivid picture of his or her individuality as shaped by family, education, pre-Court career, and the times in which he or she lived. Each biographical essay also presents the major issues on which the justice presided. Essays are arranged in the order of the justices' appointments. Lively anecdotes along with portraits, photographs, and political cartoons enrich the text and deepen readers' understanding of the justices and of the Court. The volume includes an extensive bibliography and is indexed for easy research access. New in this edition are: a foreword by Chief Justice John G. Roberts; a revised essay on Chief Justice William H. Rehnquist; updated essays on sitting or recently retired members of the court; new biographies for Chief Justice John G. Roberts and Associate Justices Samuel A. Alito, Elena Kagan, and Sonia M. Sotomayor; an updated listing of members of the Supreme Court with appointment and confirmation dates; and an updated bibliography with key sources on the Supreme Court and the justices. For insightful background and lively commentary on the individuals who have served on the Supreme Court of the United States, there is no better reference than this updated new volume. This is a vital reference work for researchers, students, and others interested in the Supreme Court's past, present, and future.
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.
Book Synopsis The Essential Holmes by : Oliver Wendell Holmes
Download or read book The Essential Holmes written by Oliver Wendell Holmes and published by University of Chicago Press. This book was released on 2012-10-12 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
Book Synopsis The Mind and Faith of Justice Holmes by : Max Lerner
Download or read book The Mind and Faith of Justice Holmes written by Max Lerner and published by Routledge. This book was released on 2017-09-29 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reprint of the Little, Brown edition of 1943. Acidic paper. Annotation copyright Book News, Inc. Portland, Or.
Book Synopsis On the path to AI by : Thomas D. Grant
Download or read book On the path to AI written by Thomas D. Grant and published by Springer Nature. This book was released on 2020-06-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Oliver Wendell Holmes Jr., Pragmatism and Neuroscience by : Jay Schulkin
Download or read book Oliver Wendell Holmes Jr., Pragmatism and Neuroscience written by Jay Schulkin and published by Springer. This book was released on 2019-08-17 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515066051 Total Pages :280 pages Book Rating :4.0/5 (66 download)
Book Synopsis Law, Justice and the State by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Law, Justice and the State written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia Publisher :Oxford University Press, USA ISBN 13 :0199729182 Total Pages :566 pages Book Rating :4.1/5 (997 download)
Book Synopsis The American Judicial Tradition : Profiles of Leading American Judges by : G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia
Download or read book The American Judicial Tradition : Profiles of Leading American Judges written by G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia and published by Oxford University Press, USA. This book was released on 1988-12-01 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
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.
