This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, "Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist)." Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes's philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.

This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, "Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist)." Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes's philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stand that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.

Oliver Wendell Holmes, Jr., is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, which was originally published in 2007, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.

Oliver Wendell Holmes, Jr., is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the contemporary controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers, including John Austin, Thomas Hobbes, H. L. A. Hart, Ronald Dworkin, Antonin Scalia, and other leading legal theorists.

Full Title: "Pan American Petroleum & Transport Company and Pan American Petroleum Company, Petitioners (Defendants below), v. The United States of America, Respondent (Plaintiff below)"Description: "The Making of the Modern Law: Trials, 1600-1926" collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial."Trials" provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++30505/21/1927Court Record1926Harvard Law School Libraryc.1927

Full Title: "United States of America, Plaintiff, vs. Pan-American Petroleum Company, a Corporation, and Pan-American Petroleum & Transport Company, a Corporation. Defendants"Description: "The Making of the Modern Law: Trials, 1600-1926" collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial."Trials" provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Court RecordHarvard Law School Libraryc.1924

Full Title: "Pan American Petroleum & Transport Company and Pan American Petroleum Company, Petitioners (Defendants below), v. The United States of America, Respondent (Plaintiff below)"Description: "The Making of the Modern Law: Trials, 1600-1926" collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial."Trials" provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++305Court Record1926Harvard Law School Libraryc.1927

Full Title: "Pan American Petroleum Company, a Corporation, and Pan American Petroleum and Transport Company, a Corporation, Appellants and Cross-Appellees, vs. United States of America, Appellee and Cross-Appellant"Description: "The Making of the Modern Law: Trials, 1600-1926" collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial."Trials" provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++465105/21/1927Court RecordHarvard Law School Libraryc.1927

Full Title: "United States of America Plaintiff v. Pan-American Petroleum Company, a Corporation, and Pan-American Petroleum & Transport Company, a Corporation Defendants"Description: "The Making of the Modern Law: Trials, 1600-1926" collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial."Trials" provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Court RecordHarvard Law School Libraryc.1924

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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.