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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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Der Schutzengel
Oliver Wendell Holmes
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R652
Discovery Miles 6 520
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Ships in 10 - 15 working days
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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 a 2010 Foreword
and extensive notes by Steven Alan Childress, J.D., Ph.D., a senior
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 historians, law students,
lawyers, and anyone wanting to understand his great book. No
previous edition of this classic work has offered annotations or
explanatory inserts. 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 a recommended read before law school or in
the 1L year. High quality hardcover edition from Quid Pro's Legal
Legends Series. Holmes (1841-1935) was a legendary Justice of the
U.S. Supreme Court. Before that, he was an influential legal
scholar who brought pragmatism to a new age of legal thought.
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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