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Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Oliver Wendell Holmes Jr.
Publisher : The Floating Press
ISBN 13 : 1775410579
Total Pages : 42 pages
Book Rating : 4.7/5 (754 download)
Download or read book The Path of the Law written by Oliver Wendell Holmes Jr. and published by The Floating Press. This book was released on 2009-05-01 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.
Author : Oliver Wendell Holmes
Publisher : Kaplan Publishing
ISBN 13 : 9781427799524
Total Pages : 432 pages
Book Rating : 4.7/5 (995 download)
Download or read book The Path of the Law and The Common Law written by Oliver Wendell Holmes and published by Kaplan Publishing. This book was released on 2009-02-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Oliver Wendell Holmes
Publisher : Courier Corporation
ISBN 13 : 0486121224
Total Pages : 486 pages
Book Rating : 4.4/5 (861 download)
Download or read book The Common Law written by Oliver Wendell Holmes and published by Courier Corporation. This book was released on 2013-02-06 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only paperback edition of a great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, and more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.
Author : Oliver Wendell Holmes Jr.
Publisher : Routledge
ISBN 13 : 100067956X
Total Pages : 294 pages
Book Rating : 4.0/5 (6 download)
Download or read book The Common Law written by Oliver Wendell Holmes Jr. and published by Routledge. This book was released on 2020-02-19 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining society's current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.
Author : Steven J. Burton
Publisher : Cambridge University Press
ISBN 13 : 0521630061
Total Pages : 370 pages
Book Rating : 4.5/5 (216 download)
Download or read book The Path of the Law and Its Influence written by Steven J. Burton and published by Cambridge University Press. This book was released on 2000-05-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together distinguished legal scholars to examine a seminal work in American legal theory.
Author : Oliver Wendell Holmes
Publisher : Good Press
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.4/5 (64 download)
Download or read book The Path of the Law written by Oliver Wendell Holmes and published by Good Press. This book was released on 2020-03-16 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Path of the Law" is a Victorian-era manual for law students prepared by Oliver Wendell Holmes Jr., an American jurist, and legal scholar. The author served as an associate justice of the United States Supreme Court. Steven Alan Childreswho also contributed to this work, was a professor of law who co-authored law books with the former American president Woodrow Wilson.
Author : Oliver Wendell Holmes (Jr.)
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (321 download)
Download or read book The Common Law written by Oliver Wendell Holmes (Jr.) and published by . This book was released on 1923 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of an expansion of 12 lectures delivered at the Lowell Institute in Boston.
Author : Oliver Wendell Holmes Jr
Publisher : BoD – Books on Demand
ISBN 13 : 3368455915
Total Pages : 526 pages
Book Rating : 4.3/5 (684 download)
Download or read book The Common Law written by Oliver Wendell Holmes Jr and published by BoD – Books on Demand. This book was released on 2022-12-07 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander Lian
Publisher : Cambridge University Press
ISBN 13 : 1108600689
Total Pages : 537 pages
Book Rating : 4.1/5 (86 download)
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 : Roscoe Pound
Publisher : Routledge
ISBN 13 : 1351302701
Total Pages : 222 pages
Book Rating : 4.3/5 (513 download)
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Routledge. This book was released on 2018-04-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
Author : Oliver Wendell Holmes
Publisher :
ISBN 13 : 9781614272601
Total Pages : 32 pages
Book Rating : 4.2/5 (726 download)
Download or read book The Path of the Law written by Oliver Wendell Holmes and published by . This book was released on 2012-03-01 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Vanessa Gruben
Publisher : University of Toronto Press
ISBN 13 : 1487540744
Total Pages : 264 pages
Book Rating : 4.4/5 (875 download)
Download or read book Controversies in the Common Law written by Vanessa Gruben and published by University of Toronto Press. This book was released on 2022-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.6/5 (381 download)
Download or read book The Common Law (Annotated) written by Oliver Wendell Holmes and published by . This book was released on 2020-04-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differentiated book- It has a historical context with research of the time-The Common Law by Oliver Wendell HolmesOliver Wendell Holmes Jr. (March 8, 1841 - March 6, 1935) was an American jurist who served as Associate Justice of the United States Supreme Court from 1902 to 1932, and as President of the Acting Supreme Court of the United States in January. February 1930. Noted for his long service, his concise and concise opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited judges of the United States Supreme Court in history, particularly for his "clear and present danger" opinion. for a unanimous court in the case of Schenck v. United States of 1919, and is one of the most influential American common law judges, honored throughout his life in Britain and in the United States.Holmes retired from court at the age of 90, making him the longest serving judge in Supreme Court history. He also served as Associate Justice and Chief Justice of the Massachusetts Supreme Judicial Court, and was a Soldier Professor of Law at his alma mater, Harvard Law School. Deeply influenced by his experience fighting in the American Civil War, Holmes helped move American legal thinking toward legal realism.
Author : Andrew Forsyth
Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author : Oliver Wendell Holmes
Publisher : Quid Pro, LLC
ISBN 13 : 9781610270144
Total Pages : 402 pages
Book Rating : 4.2/5 (71 download)
Download or read book The Annotated Common Law written by Oliver Wendell Holmes and published by Quid Pro, LLC. This book was released on 2010 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started Legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience-including historians, students, and political scientists. It is also an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats.
Author : David Kennedy
Publisher : Princeton University Press
ISBN 13 : 0691186421
Total Pages : 936 pages
Book Rating : 4.6/5 (911 download)
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
