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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 the
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. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore, in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions. Oliver Wendell Holmes, Jr.
(1841-1935) served as chief justice of the Massachusetts Supreme
Court and as an associate justice of the U.S. Supreme Court. He was
nicknamed the "Great Dissenter" because of his many dissenting
opinions. Holmes is also the author of Kent's Commentaries on the
Law (1873) and "The Path of the Law" (1897). Tim Griffin has
advanced degrees in philosophy and law, and has taught philosophy
and legal theory courses at a number of universities. He is
currently a seminarian pursuing ordination to the priesthood in the
Episcopal Church.
A scathing attack on the idea of American Puritanism and the
doctrine of Original Sin, Elsie Venner is the story of a young
woman who, having been poisoned by rattlesnake venom while in the
womb, emerges into the world half human, half snake. An intelligent
and wealthy heiress, she repulses and fascinates those around her
in equal measure. She falls in love with a young doctor, but her
serpentine characteristics prevent him from returning her
affection; her cousin is attracted by her money and, wrongly
perceiving the doctor as his rival, determines upon his downfall.
First published in 1861, this is a wonderfully inventive novel that
meticulously dissects for the reader the social mores of small-town
America in the middle of the nineteenth century, as viewed through
the prism of Olive Wendell Holmes' powerful imagination.
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Oliver Wendell Holmes
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This collection of literature attempts to compile many of the
classic, timeless works that have stood the test of time and offer
them at a reduced, affordable price, in an attractive volume so
that everyone can enjoy them.
"The Common Law," a great legal classic, was written by noted
Supreme Court Justice Oliver Wendell Holmes, Jr. in 1881. The book
is about common law in the United states, including torts,
property, contracts, and crime. The substance of "The Common Law"
is a series of lectures on the various common law subjects:
criminal law, property law, contracts, consideration, torts,
negligence, bailments, trespass, etc. What makes this book so
important is not that the lectures were a summary of the current
state of the law at the time Holmes spoke in 1881, but rather
because Holmes insightfully explains how they got to be that way.
Two tenets of early 20th century jurisprudence that Holmes
propounded (and was influential in writing into law when he was
later appointed to the Supreme Court of Massachussetts, and later
of the United States) can be identified in this work: legal
positivism and legal realism. Though a little tedious for
non-lawyers, "The Common Law" illustrates some interesting points
as Oliver Wendell Holmes, Jr. addresses the fluid basis for our
legal system.
Oliver Wendell Holmes, Sr. was born on August 29th 1809. Among his
many talents were those of physician, poet, professor, lecturer,
and author. Here we concentrate on his writing. He was regarded by
many of his peers - including such luminaries as Ralph Waldo
Emerson, Henry Wadsworth Longfellow and James Russell Lowell - as
one of the finest writers of their times. A great compliment
indeed. As a poet he is considered to be one of the Fireside Poets
and indeed his poems are works of real talent and quality. As a
writer he is perhaps best known for his 'Breakfast Table' series.
In this volume we publish The Professor at the Breakfast Table, a
great example of the series. His writing style was often humorous
and conversational and often reflected his native Boston area.
Holmes retired from Harvard in 1882 but continued to write poetry,
novels and essays until his death on October 7th 1894.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
This fine collection is accompanied by an essay by Sir John Pollock
that skillfully places the writers' ideas in the perspective of
recent experience. A crucial document for lawyers, the letters are
also delightful reading.
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