Download PDF The Common Law, by Oliver Wendell Holmes Jr.
When you are rushed of work due date and have no suggestion to obtain motivation, The Common Law, By Oliver Wendell Holmes Jr. book is among your solutions to take. Book The Common Law, By Oliver Wendell Holmes Jr. will provide you the best resource and also point to obtain inspirations. It is not just concerning the works for politic business, administration, economics, as well as other. Some purchased tasks making some fiction your jobs also need motivations to get over the task. As just what you require, this The Common Law, By Oliver Wendell Holmes Jr. will possibly be your option.
The Common Law, by Oliver Wendell Holmes Jr.
Download PDF The Common Law, by Oliver Wendell Holmes Jr.
The Common Law, By Oliver Wendell Holmes Jr. When creating can transform your life, when creating can enrich you by offering much money, why don't you try it? Are you still really confused of where understanding? Do you still have no concept with what you are visiting write? Currently, you will certainly need reading The Common Law, By Oliver Wendell Holmes Jr. A good writer is a good user simultaneously. You could specify exactly how you compose depending on exactly what publications to review. This The Common Law, By Oliver Wendell Holmes Jr. could aid you to solve the trouble. It can be among the appropriate resources to create your composing ability.
But, just what's your matter not as well enjoyed reading The Common Law, By Oliver Wendell Holmes Jr. It is a terrific activity that will constantly provide excellent benefits. Why you end up being so unusual of it? Several points can be reasonable why people do not want to check out The Common Law, By Oliver Wendell Holmes Jr. It can be the uninteresting activities, guide The Common Law, By Oliver Wendell Holmes Jr. collections to check out, also lazy to bring nooks almost everywhere. Now, for this The Common Law, By Oliver Wendell Holmes Jr., you will certainly begin to enjoy reading. Why? Do you recognize why? Read this page by completed.
Beginning with visiting this website, you have actually attempted to begin nurturing reading a publication The Common Law, By Oliver Wendell Holmes Jr. This is specialized site that market hundreds compilations of publications The Common Law, By Oliver Wendell Holmes Jr. from great deals sources. So, you won't be bored anymore to choose guide. Besides, if you likewise have no time at all to look the book The Common Law, By Oliver Wendell Holmes Jr., simply rest when you remain in workplace and also open the web browser. You could find this The Common Law, By Oliver Wendell Holmes Jr. lodge this internet site by attaching to the internet.
Obtain the link to download this The Common Law, By Oliver Wendell Holmes Jr. and begin downloading and install. You can really want the download soft documents of the book The Common Law, By Oliver Wendell Holmes Jr. by going through various other activities. And that's all done. Now, your rely on check out a publication is not constantly taking and also carrying guide The Common Law, By Oliver Wendell Holmes Jr. almost everywhere you go. You can conserve the soft file in your gadget that will never ever be far away and also review it as you such as. It is like reviewing story tale from your gizmo after that. Now, start to enjoy reading The Common Law, By Oliver Wendell Holmes Jr. as well as get your new life!
Oliver Wendell Holmes, Jr. (1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.
In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.
Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.
Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.
- Sales Rank: #345407 in Books
- Published on: 1991-07-22
- Released on: 1991-07-22
- Original language: English
- Number of items: 1
- Dimensions: 8.50" h x .91" w x 5.42" l, 1.08 pounds
- Binding: Paperback
- 480 pages
Most helpful customer reviews
2 of 2 people found the following review helpful.
An Important Piece of Legal Scholarship Regrettably Rarely Read
By Robert Bolton
Although the opening paragraphs of Holmes' magnum opus, "The life of the law has not been logic; it has been experience," along with a few other bon mots throughout, have been the most readily quoted parts of the book, in the Common Law Holmes embarked on a new way of assessing how judges make decisions. Over the course of twelve lectures, Holmes lays out his view that judges have slowly moved away from a purely superstitious and formalistic method of deciding cases to one which accounts for the broad array of social, economic, and political questions that face a culture, along with its legal ones. This theory gave birth to a new school of jurisprudence now referred to under the vague name of legal realism. Along with his advocacy for this theory, Holmes sought to add his own ideas on how to develop the law, such as interpreting a criminal defendant's state of mind to determine when his actions qualify as an attempt to commit a crime.
The book itself is exceptionally dense and requires a significantly broad legal history background to fully appreciate its efforts. Holmes was among the first legal scholars to make use of the medieval English year books (something he regrettably receives little credit for) and the reader will encounter frequent citations to their pages. Early on he has some interesting comments about deodands and later on torts & contracts. The scope of this work is made all the more impressive by the fact that completed it shortly before his fortieth birthday. In addition to the original text, there is a useful introduction by Holmes' biographer G. Edward White and also the annotations Holmes made in his personal copy of the work. The only regrettable feature of this new edition is that it changes the numbering of the pages compared to prior editions, and hence makes cross-referencing of citations in other pieces of scholarship difficult. That said, the numbering is not so different that it is more than approximately a half-dozen pages off, so if you known what you are generally looking for, it is easily located.
This is not a work meant to be read quickly, but if you are looking for the preeminent American legal publication of all time, look no further.
12 of 13 people found the following review helpful.
Much mentioned; seldom read
By Ronald H. Clark
This is a new edition of the Harvard version of Justice Holmes' classic "The Common Law." It supercedes an earlier HUP edition published in 1963 which was edited by the esteemed Holmes scholar, Mark DeWolfe Howe. The original and continuing publisher of the official version of the book (first published in 1881) is Little, Brown. This edition is edited and has a fine brief introduction by Ted White, the current leading Holmes scholar, who teaches at the law school of the University of Virginia, and has written (among other books on the Justice) "Justice Olilver Wendell Holmes: Law and the Inner Self," certainly our finest and most interesting biography of the Justice.
Like its predecessor HUP volume, this edition contains the important marginal notes that Holmes entered into his own copy of the book (now in the HLS library), which do not appear in the official Little, Brown editions. Also included is Howe's "Glossary of Legal Terms." Professor White has added an illuminating chronology of the Justice's life, a helpful short bibliography, as well as his perceptive 26-page introduction. The typography is far superior to the earlier HUP edition. The only problem I can recount is that this edition (as was the case with Howe's edition) does not contain facsimile pages, so that the reset pages do not match the Little, Brown page numbers. Almost all citations to the book found in the literature cite to the Little, Brown version--so this is somewhat a disadvantage.
Unfortunately, not even Professor White's additions can make this an easy and readable book. I venture to suggest that very few of those who call themselves students of Holmes (including myself) have read much of the book. Moreover, having been published in 1881, it was long ago subplanted by more recent research in the field. Nonetheless, as White points out in his introduction, there are nuggets here for those interested in Holmes' view of the law, which in large measure sparked a few legal revolutions, including sociological jurisprudence and legal realism to name just two. This new edition makes this classic available in a reasonably-priced and pleasant format for those with the endurance to read it.
1 of 2 people found the following review helpful.
Common Law, and Common Sense
By David A. Mccrae
In Olden Times, the law was a mystic wood, requiring a guide to pass through safely, or to the bold and foolish, a risky venture, either of goods or indeed life. Oliver Wendell Holmes, still recognized as one of America’s foremost jurists, endeavored as his life’s work, to leave us this authoritative guide through this mystic place. Google was not yet popular at that time.
In most countries, the King, or Shiekh, or Khan, or a Macchiavellian Prince, or whoever, ruled by divine right, or on Advisement of the Church. The King was right, at any moment. The slave must die. This practice led to all sorts of foolishness. The American Colonies separated themselves from the King and the Church, and sought regularity in social convention. Oliver attempted to document our new system of law, retaining the best encouragement of social order, and the least restriction on unruly desire of now free sovereign citizens. Besides his book, as a judge of the highest order, he wrote >1000 specific opinions, becoming a prime architect of New American Common Law.
I’m a law student. The Law of Property is my current interest and focus. I picked up Oliver’s book to augment my law studies, and to get some insight into law as a second profession, and help me pass the bar exam. Still here we are in Modern Times, very like Olden Times. We are walking through the same mystic wood. It’s hard for one lawyer to make a living in a small village in America. Two can do quite well.
For instance, Oliver wrote a bit about deodands. These are the inanimate objects that kill people, or create turmoil. There is a law. There has always been. I have to quote Oliver himself:
“It will be remembered that King Alfred ordained the surrender of a tree, but that the later Scotch law refused it because a dead thing could not have guilt. It will be remembered also that the animals which the Scotch law forfeited were escheat to the King. The same thing has remained true in England until well into this century, with regard even to inanimate objects. As long ago as Bracton, in case a man was slain, the coroner was to value the object causing the death, and that was to be forfeited as deodand ‘pro rege.’ It was to be given to God, that is to say to the Church, for the King, to be expended for the good of his soul. A man’s death had ceased to be the private affair of his friends as in the time of the barbarian folk laws. The King, who furnished the court, now sued for the penalty. He supplanted the family in the claim on the guilty thing, and the Church supplanted him.”
My gentle reader will note that even in this relatively obscure corner of dispute, we hear a clear voice of 200 years past, citing Settled Common Law of >1600 years prior, addressing matters of current great social concern. If a man has a gun, and bullets, and kills his trespassor, what shall we do with the gun, and the trespassor, and his heirs, and the man? Shall a man have a gun? With how many bullets? What are permissible trespasses? Who are the heirs? Shall such a man be hung by the neck until dead (remember Edison was not on scene yet)? Might a man kill his trespassor, in anticipation of future unlawful trespass? Should trespassors be permitted guns themselves? should the President have all the guns? Should policemen have only sticks, and whistles? What about that dog, who did not bark in the night?
The book is filled with quaint situations. The reader will be challenged, and perhaps a bit confused. You will want to go back and reread parts. Oliver attempts to reveal the structure of essentially unstructured social issues. We have no Kings in America. God is circumscribed to His own domain. We continue to muddle through the day, with the aid of civil discourse, and the common law we continually adapt and improve.
How shall we proceed? First, we must kill all the lawyers.
See all 24 customer reviews...
The Common Law, by Oliver Wendell Holmes Jr. PDF
The Common Law, by Oliver Wendell Holmes Jr. EPub
The Common Law, by Oliver Wendell Holmes Jr. Doc
The Common Law, by Oliver Wendell Holmes Jr. iBooks
The Common Law, by Oliver Wendell Holmes Jr. rtf
The Common Law, by Oliver Wendell Holmes Jr. Mobipocket
The Common Law, by Oliver Wendell Holmes Jr. Kindle
The Common Law, by Oliver Wendell Holmes Jr. PDF
The Common Law, by Oliver Wendell Holmes Jr. PDF
The Common Law, by Oliver Wendell Holmes Jr. PDF
The Common Law, by Oliver Wendell Holmes Jr. PDF
