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The Common Law (Paperback)
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The Common Law (Paperback)
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A decisive influence on sociological jurisprudence, legal realism
and the general development of Anglo-American law in the twentieth
century. Rejecting the reigning positivist ethos of the nineteenth
century, Holmes proposed that the law was not a science founded on
abstract universal principles but a body of practices that
responded to particular situations. This functionalist
interpretation led to his radical conclusion that law was not
discovered, but invented. This theme is announced at the beginning
of Lecture I: The life of the law has not been logic: it has been
experience. The Common Law was easily the most distinguished book
on law by an American published between 1850 and 1900. Lawrence M.
Friedman, A History of American Law It is a book of large
proportions, from whichever side approached. (...)We cannot close
without expressing again our admiration of a book which is so
ingenious and so temperate; so rich in learning, thought, argument,
and brilliant intuitions. American Law Review Holmes's] brilliant
exposition, as effective on English scholarship and legal thinking
as on American, of the true nature of law both as a development
from the past and an organism of the present, blew fresh air into
lawyer's minds encrusted with Blackstone and Kent. Percy Winfield,
Chief Sources of English Legal History One of the greatest jurists
of the twentieth century, Oliver Wendell Holmes, Jr. 1841-1935] was
educated at Harvard College and Harvard Law School. Admitted to the
Massachusetts Bar in 1867, he was equally active as a practitioner
and scholar. He edited the American Law Review (1870-78), produced
an edition of James Kent's Commentaries on American Law (1873) and
delivered the lectures that formed the basis of The Common Law.
Published in 1881, this book established Holmes's reputation. After
teaching briefly at Harvard Law School he was appointed Associate
Justice of the Massachusetts Supreme Judicial Court in 1882. Chief
Justice of that court from 1899 to 1902, he was then appointed
Associate Justice of U.S. Supreme Court, a position he held until
the end of his life. Known as The Great Dissenter in the early
years of his career because of his frequent opposition to the
Court's conservatism, he went on to become of the most influential
justices in its history. His opinions are cited frequently today
and are highly esteemed for their intellectual depth and elegant
composition.
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