The Legacy of Oliver Wendell Holmes Jr

The Legacy of Oliver Wendell Holmes  Jr
Author: Robert W. Gordon
Publsiher: Unknown
Total Pages: 323
Release: 1992-01-01
ISBN: 9780748603794
Category: Jurisprudence
Language: EN, FR, DE, ES & NL

The Legacy of Oliver Wendell Holmes Jr Book Excerpt:

The Pragmatism and Prejudice of Oliver Wendell Holmes Jr

The Pragmatism and Prejudice of Oliver Wendell Holmes Jr
Author: Seth Vannatta
Publsiher: Rowman & Littlefield
Total Pages: 244
Release: 2019-06-26
ISBN: 149856125X
Category: Philosophy
Language: EN, FR, DE, ES & NL

The Pragmatism and Prejudice of Oliver Wendell Holmes Jr Book Excerpt:

The Pragmatism and Prejudice of Oliver Wendell Holmes, Jr. examines the varied categories scholars have used to describe the philosophy of Oliver Wendell Holmes, Jr. These include, “Jobbist,” Nihilist, Realist, Social Darwinist, Utilitarian, Positivist, Natural Law Theorist, and Pragmatist.

Oliver Wendell Holmes Jr Pragmatism and Neuroscience

Oliver Wendell Holmes Jr   Pragmatism and Neuroscience
Author: Jay Schulkin
Publsiher: Springer
Total Pages: 355
Release: 2019-08-17
ISBN: 3030231003
Category: Philosophy
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Jr Pragmatism and Neuroscience 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.

Oliver Wendell Holmes Jr and His Legacy

Oliver Wendell Holmes  Jr  and His Legacy
Author: Jason Adam Weisel
Publsiher: Unknown
Total Pages: 104
Release: 1991
ISBN: 1928374650XXX
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Jr and His Legacy Book Excerpt:

Justice Oliver Wendell Holmes

Justice Oliver Wendell Holmes
Author: G. Edward White
Publsiher: Oxford University Press
Total Pages: 648
Release: 1995-11-16
ISBN: 9780198024330
Category: History
Language: EN, FR, DE, ES & NL

Justice Oliver Wendell Holmes 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.

Oliver Wendell Holmes Jr

Oliver Wendell Holmes Jr
Author: G. Edward White
Publsiher: Oxford University Press
Total Pages: 176
Release: 2006-03-01
ISBN: 0190294086
Category: Biography & Autobiography
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Jr Book Excerpt:

Known as the "Great Dissenter," Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes's early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law--are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.

Oliver Wendell Holmes Jr and Legal Logic

Oliver Wendell Holmes Jr  and Legal Logic
Author: Frederic R. Kellogg
Publsiher: University of Chicago Press
Total Pages: 224
Release: 2018-03-16
ISBN: 022652406X
Category: Law
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Jr and Legal Logic 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.

The Path of the Law and its Influence

The Path of the Law and its Influence
Author: Steven J. Burton
Publsiher: Cambridge University Press
Total Pages: 372
Release: 2007-06-27
ISBN: 9780521037464
Category: Philosophy
Language: EN, FR, DE, ES & NL

The Path of the Law and its Influence Book Excerpt:

Oliver Wendell Holmes, Jr. (1841-1935) is, arguably the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. The book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.

Oliver Wendell Holmes Jr

Oliver Wendell Holmes Jr
Author: Sophie Littlefield,William Wiecek
Publsiher: The Rosen Publishing Group, Inc
Total Pages: 112
Release: 2004-08-15
ISBN: 9781404226524
Category: Juvenile Nonfiction
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Jr Book Excerpt:

Presents the life of Oliver Wendell Holmes Jr, who was the Associate Justice of the Supreme Court from 1902 to 1932.

The Path of the Law and its Influence

The Path of the Law and its Influence
Author: Steven J. Burton
Publsiher: Cambridge University Press
Total Pages: 370
Release: 2000-05-18
ISBN: 9780521630061
Category: Philosophy
Language: EN, FR, DE, ES & NL

The Path of the Law and its Influence Book Excerpt:

Oliver Wendell Holmes, Jr. (1841-1935) is, arguably the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. The book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.

Oliver Wendell Holmes

Oliver Wendell Holmes
Author: Catharine Wells
Publsiher: Cambridge University Press
Total Pages: 240
Release: 2019-12-31
ISBN: 1108475957
Category: Biography & Autobiography
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Book Excerpt:

Challenges much of the conventional wisdom about Holmes, exploring his identity through his nineteenth-century social and intellectual context.

Oliver Wendell Holmes

Oliver Wendell Holmes
Author: G. Edward White
Publsiher: Oxford University Press
Total Pages: 160
Release: 2000-01-20
ISBN: 0190283440
Category: Juvenile Nonfiction
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes Book Excerpt:

An influential justice who refused to bow to politics and devoted his keen mind to the U.S. Supreme Court until the age of 90, Oliver Wendell Holmes (1841-1935) helped formulate some of the most progressive judicial thought in 20th-century American history. G. Edward White first sketches Holmes's early years-his childhood in Boston, undergraduate years at Harvard, and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. OXFORD PORTRAITS are informative and insightful biographies of people whose lives shaped their times and continue to influence ours. Based on the most recent scholarship, they draw heavily on primary sources, including writings by and about their subjects. Each book is illustrated with a wealth of photographs, documents, and memorabilia, framing the personality and achievements of its subject against the backdrop of history.

The Judge

The Judge
Author: Ronald K. L. Collins,David M. Skover
Publsiher: Oxford University Press
Total Pages: 296
Release: 2017
ISBN: 0190490144
Category: Law
Language: EN, FR, DE, ES & NL

The Judge Book Excerpt:

There is no book of political strategy more canonical than Niccolo Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.

Oliver Wendell Holmes A Life in War Law and Ideas

Oliver Wendell Holmes  A Life in War  Law  and Ideas
Author: Stephen Budiansky
Publsiher: W. W. Norton & Company
Total Pages: 592
Release: 2019-05-28
ISBN: 0393634736
Category: Biography & Autobiography
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes A Life in War Law and Ideas Book Excerpt:

“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.

Dictionary Of Modern American Philosophers

Dictionary Of Modern American Philosophers
Author: John R. Shook
Publsiher: Bloomsbury Publishing
Total Pages: 2000
Release: 2005-05-15
ISBN: 1847144705
Category: Philosophy
Language: EN, FR, DE, ES & NL

Dictionary Of Modern American Philosophers Book Excerpt:

The Dictionary of Modern American Philosophers includes both academic and non-academic philosophers, and a large number of female and minority thinkers whose work has been neglected. It includes those intellectuals involved in the development of psychology, pedagogy, sociology, anthropology, education, theology, political science, and several other fields, before these disciplines came to be considered distinct from philosophy in the late nineteenth century. Each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings, and suggestions for further reading. While all the major post-Civil War philosophers are present, the most valuable feature of this dictionary is its coverage of a huge range of less well-known writers, including hundreds of presently obscure thinkers. In many cases, the Dictionary of Modern American Philosophers offers the first scholarly treatment of the life and work of certain writers. This book will be an indispensable reference work for scholars working on almost any aspect of modern American thought.

Oliver Wendell Holmes and the Culture of Conversation

Oliver Wendell Holmes and the Culture of Conversation
Author: Peter Gibian
Publsiher: Cambridge University Press
Total Pages: 398
Release: 2001-08-16
ISBN: 9780521560269
Category: Literary Criticism
Language: EN, FR, DE, ES & NL

Oliver Wendell Holmes and the Culture of Conversation Book Excerpt:

Gibian explores the role played by Oliver Wendell Holmes in the Victorian culture of conversation in America.

The Common Law

The Common Law
Author: Oliver Wendell Holmes
Publsiher: Barnes & Noble Publishing
Total Pages: 336
Release: 2004
ISBN: 9780760754986
Category: Political Science
Language: EN, FR, DE, ES & NL

The Common Law Book Excerpt:

The Common Law changed America forever. The lectures---which were given at the Lowell Institute in Boston and subsequently published in 1880---created a buzz of excitement that enveloped the New England intellectual community. Over a century later, we can look back at The Common Law and still feel the same sense of excitement that our predecessors did, virtually undiminished by the tumultuous decades of American jurisprudence that have followed. It remains an exhilarating landmark in law because its content and its style, its substance and its process, perfectly mirror what common law is: a complex and diffuse combination of actual cases, history, analysis, and philosophy---all woven together to create the rules by which we live. Oliver Wendell Holmes, Jr.---who grew up in the shadow of his famous father, the great doctor and writer Oliver Wendell Holmes, Sr.---set out to make his mark on the world. His first notoriety among the legal community came when he edited the monumental work of legal scholarship Kent's Commentaries. Just shy of his fortieth birthday, he delivered The Common Law to very positive reviews. From that point, his career was meteoric and included a near three-decade tenure on the Supreme Court of the United States.

The American Supreme Court

The American Supreme Court
Author: Robert G. McCloskey
Publsiher: University of Chicago Press
Total Pages: 368
Release: 2010-07-15
ISBN: 0226556832
Category: Law
Language: EN, FR, DE, ES & NL

The American Supreme Court Book Excerpt:

Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Law Without Values

Law Without Values
Author: Albert W. Alschuler
Publsiher: University of Chicago Press
Total Pages: 325
Release: 2000
ISBN: 9780226015217
Category: Biography & Autobiography
Language: EN, FR, DE, ES & NL

Law Without Values Book Excerpt:

Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

Reader s Guide to American History

Reader s Guide to American History
Author: Peter J. Parish
Publsiher: Routledge
Total Pages: 880
Release: 2013-06-17
ISBN: 1134261896
Category: History
Language: EN, FR, DE, ES & NL

Reader s Guide to American History Book Excerpt:

There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.