The Common Law Oliver Wendell Holmes Jr., Steven Alan Childress 9781610270007 Books
Download As PDF : The Common Law Oliver Wendell Holmes Jr., Steven Alan Childress 9781610270007 Books
Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins, reasoning, and import of the common law. "The life of the law has not been logic it has been experience." It jump-started legal realism and established law as a pragmatic way to solve problems and make policy, not just a collection of rules. It has stood the test of time as one of the most important and influential studies of law and the development of legal rules. This book is interesting for a vast audience, and considered one of the most original books on U.S. law, for historians, students, political scientists, and those who follow the concept of rules. It is also a recommended read before law school. A new edition of Holmes' classic study of the judicial development of law. Includes 2010 Foreword by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Embeds correct footnote numbers and original page numbers for citing. Carefully reproduced from the original book but in a modern, readable format. Quid Pro's Legal Legends Series offers high-quality editions of legal scholarship, in print and digital formats. In addition, each book contains a scholar's new Foreword and biographical summary, to place the work in historical context and explain it to the reader.
The Common Law Oliver Wendell Holmes Jr., Steven Alan Childress 9781610270007 Books
Product details
|
Tags : The Common Law [Oliver Wendell Holmes Jr., Steven Alan Childress] on Amazon.com. *FREE* shipping on qualifying offers. Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins,Oliver Wendell Holmes Jr., Steven Alan Childress,The Common Law,Quid Pro, LLC,1610270002,Common,Common law,Law Common,Legal Reference Law Profession
The Common Law Oliver Wendell Holmes Jr., Steven Alan Childress 9781610270007 Books Reviews
One of the most influential jurists in American history. Love him or hate him, Holmes has indelibly marked the shape of laws in America by his interpretations and rulings. If you want to have a full picture of his inner understanding, you need to read this.
This book is a little tedious for us non-lawyers, but it does illustrate some interesting points
Law emerged from the need to get away from revenge/feud dynamics. And it originated during times when most people couldn't write, so the issue of proving a case (such as in a agreement) is troublesome (especially in times when plagues and such could kill witnesses at any time). The world is a fuzzy set, and yet the law needs to set a finite set of rules in place, so exceptions constantly challenge. The needs of the state can supercede the issue of fairness, such as in the rule that "ignorance is no excuse". Judges are generally friends of the wealthy and not compatriots of the commoner. If a man has large debts, and dies, how can his children, who were not party to the agreements, be held liable via the estate? Many such questions arise and Oliver Wendell Holmes, Jr. tries to address the fluid basis for our legal system.
I have to admit that I decided to read this book on account of the very angry review by Mr. Huebner. I'm glad I did. It's a good book. Really made me think. I could understand why Mr. Heubner was upset upon receiving a poor printing of a book that he thought was about a totally different subject; but was the book moronic? In my opinion, it is anything but moronic. I wish I had a book club to discuss the philosophical issues emerging from this wonderful story.
It begins with a young woman (Valerie) asking a successful upper class artist (Louis) whether he needs a model. As you can imagine, they fall in love.
This book is not an easy read; there are too many monologues and descriptions. But it was fascinating to read about Louis and Valerie's love for each other and the sacrifices they are willing to make. I would appreciate anyone's theory on the title of the book. I'm not sure what it's supposed to mean. See? I need that book club for feedback.
- posted by Poore Richard's wyfe
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.
0 Response to "[MQD]≡ Download The Common Law Oliver Wendell Holmes Jr., Steven Alan Childress 9781610270007 Books"
Post a Comment