By Frederic R. Kellogg
Oliver Wendell Holmes, Jr., is taken into account through many to be the main influential American jurist. The voluminous literature dedicated to his writings and criminal concept, although, is different and inconsistent. during this examine, which used to be initially released in 2007, Frederic R. Kellogg follows Holmes's highbrow direction from his early writings via his judicial occupation. He bargains a clean point of view that addresses the perspectives of Holmes's major critics and explains his relevance to the debate over judicial activism and discretion. Holmes is proven to be an unique criminal theorist who reconceived universal legislations as a thought of social inquiry and who utilized his insights to constitutional legislation. From his empirical and naturalist standpoint on legislation, with its roots in American pragmatism, emerged Holmes's unique judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical felony positivism and contrasts him with a number thinkers.
Read or Download Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint PDF
Similar law books
An Introduction to the International Law of Armed Conflicts
This publication offers a contemporary and easy creation to a department of foreign legislation continuously gaining in value in foreign lifestyles, specifically overseas humanitarian legislation (the legislation of armed conflict). it really is built in a manner appropriate for self-study. The subject-matters are mentioned in self-contained chapters, permitting every one to be studied independently of the others.
Ethik und Recht - Die Ethisierung des Rechts/Ethics and Law - The Ethicalization of Law
Ziel des Buches ist es, das neue Phänomen der "Ethisierung des Rechts" interdisziplinär zu erfassen und damit das grundsätzliche Verhältnis von Ethik und Recht neu zu bestimmen. Dies geschieht zum einen durch die Untersuchung des theoretischen Fundaments der Beziehung von Recht und Ethik im 21. Jahrhundert.
Autorschaft Als Werkherrschaft in Digitaler Zeit: 15. Juli 2009 Symposium Frankfurt (German Edition)
Google digitalisiert Bucher, ohne deren Autoren zu fragen. Grossforschungseinrichtungen und zunehmend auch Universitaten drangen ihre Wissenschaftler, Publikationen moglichst schnell ins Netz zu stellen, fur jeden abrufbar. Dafur wird vorgebracht, dass es der Offentlichkeit nicht zuzumuten sei, fur Wissenschaft zweimal zu bezahlen - einmal auf der Produktionsseite durch Entlohnung und Forderung der Wissenschaftler und ein zweites Mal als Konsument der Verlagserzeugnisse.
Property and Human Rights in a Global Context
Estate as a human rights challenge is manifested via its incorporation in overseas tools and as a subject matter of the legislation via property-related instances thought of by means of foreign human rights organs. but, for the main half, the connection among estate and human rights has been mentioned in particularly superficial phrases, missing a transparent great connection or universal language.
- Stand Up to the IRS
- Retire Secure!: Pay Taxes Later The Key to Making Your Money Last as Long as You Do
- Climate Ethics: Essential Readings
- A Treatise of Legal Philosophy and General Jurisprudence. Volume 8. A History of the Philosophy of Law in the Common Law World, 1600-1900
- The Elgar Companion to Law And Economics (2nd Edition)
- The Cambridge History of Law in America, Volume 2: The Long Nineteeth Century, 1789-1920
Additional resources for Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint
Sample text
Anglo-American law began as a process of controlling disputes, and it has been largely dispute-driven throughout its history. It seems that this is the sort of issue that Dewey sought to avoid through his warning. He would not have been sympathetic to the debate of whether law and morals are separate, which has gone on in some form for centuries. , 300–303. , 303. 19:20 P1: FCW 0521866502c03 CUNY525B/Kellogg Printer: cupusbw 0 521 86650 2 Holmes’s Conception of Law September 26, 2006 31 separation of law against Professor Lon L.
A. Hart of Oxford University carried forward in the twentieth century. It is a context in which we may understand and actually resolve the problem that Dicey noted immediately in 1881, the confusing “attempt to unite the historical with the analytical method,” which, I suggest, underlies the main controversies about Holmes today. The tradition that Holmes brought forward is the fundamental relation of law to the voluntary, embedded patterns of social life. We live in an age of legislation and administrative regulation, accompanying the fact of enormous growth in the size and scope of government.
The Fourteenth Amendment was passed by the Reconstruction Congress in 1866. Included in it is the phrase “[n]o state . . ” While there is no evidence of an original intent in 1866 to include the rights of free expression, fair trials in criminal cases, and privacy, such rights have been “incorporated” from other rights applying against the federal government so as to apply against the states. This issue, and Holmes’s attitude regarding it, is further discussed in chapters 9 and 10. 19:17 P1: FCW 0521866502c02 CUNY525B/Kellogg 16 Printer: cupusbw 0 521 86650 2 September 26, 2006 Holmes, Legal Theory, and Judicial Restraint This might best be described by showing how Holmes painstakingly recovered and redescribed the tradition of the common law, eventually to address a new problem of now massive dimensions: the interpretation of a written constitution as it applies to the most vexing legal controversies of modern society.