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The Path of the Law by Oliver Wendell Holmes Jr (Paperback / softback, 2011)

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Building on the pragmatic conception of law he introduced in his 1881 book 'The Common Law, ' Oliver Wendell Holmes, Jr. -- by 1897 a jurist on Massachusetts' highest court and soon to be an Associate Justice of the U.S. Supreme Court -- explored the limits and sources of law, as well as the forces which determine its content and growth. This presentation is seen as laying down the gauntlet to legal scholars and judges in what would be kwn as the emerging legal realism movement. Later legal thinkers like Pound, Llewellyn and Douglas followed his lead, and that lead is seen most clearly in this essay. By the time of this pithy and accessible writing, Holmes had crystallized and clarified that conception of law which he had, in introducing his earlier book, described in the famous statement the life of the law is t logic: it is experience. Taking that observation to the next level, this essay made it clear that judges make law, t simply finding it in books -- and they must draw on practical effects and ends in declaring legal rules, t simply reasoning from precedent. He does t hedge: it is a fallacy to think that the only force at work in the development of the law is logic. More controversially, this essay makes a powerful distinction between law and morality. Law is more about what judges do, and how people react to that, than some lofty sense of ethics, he suggests. But is his figure of the bad man a hero or a cautionary tale? A realistic way to look at law and social control...or a precursor to Hitler and Stalin?

Product Identifiers

Publisher
Quid Pro, LLC
ISBN-10
1610279859
ISBN-13
9781610279857
eBay Product ID (ePID)
189846789

Product Key Features

Author
Oliver Wendell Holmes Jr
Format
Paperback / Softback, Trade Paperback (US) ,Unsewn / Adhesive Bound
Language
English
Subject
Law: General & Référence
Type
Textbook

Additional Product Features

Introduction by
Steven Alan Childress
Content Note
Black & White Illustrations
Date of Publication
25/04/2011
Country of Publication
United States

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The Path of the Law by Oliver Wendell Holmes Jr (Paperback / softback, 2011)

About this product

Product Information

Product Identifiers

Product Key Features

Additional Product Features

Best Selling in Adult Learning & University

Maps of Meaning: The Architecture of Belief by Jordan B. Peterson (1999, Paperback)

Eduqas GCSE (9-1) Religious Studies Route B: Catholic Christianity and Judaism by Deirdre Cleary, Andrew Barron, Joy White, Patrick Harrison (Paperback, 2017)

Aradale: The Making of a Haunted Asylum by Nathaniel Buchanan, David Waldron, Sharn Waldron (Paperback, 2020)

Silent Spring by Rachel Carson (Paperback, 2000)

Understanding and Treating Chronic Shame: Healing Right Brain Relational Trauma by Patricia A. DeYoung (Paperback, 2021)

Time Management by Peter Quarry (Paperback, 1986)

Save on Adult Learning & University

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