More by Oliver Wendell Holmes
Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced in the famous quote at the beginning of Lecture I: "The life of the law has not been logic: it has been experience."
A vivid record of the era when Boston was the hub of America's intellectual and cultural scene, this book also offers timeless observations that range from the nature of conversation to the unexpected advantages of old age. Many of the essays are enhanced by the author's poems: "The Deacon's Masterpiece," "The Chambered Nautilus," "Contentment," and "The Living Temple," among others.
This volume compiles twenty-six of Oliver Wendell Holmes's legal papers and addresses, an important collection of opinions and dissents that touch every field of our national activity and reflect the ongoing development of a democratic society. Included is the famous article "Early English Equity," along with Holmes's essay on "The Path of the Law," which is regarded as the most significant index to his legal work.
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.
Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb paperback addition--the only one in print--of his magnus opus. First published in 1881, "The Common Law" is still indispensable reading for lawyers, political scientists, historians, general readers--anyone interested in the origins, development and continuing evolution of laws that govern human society.
As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition, even in print, has offered annotations.
Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality, fully linked ebook edition from Quid Pro's Legal Legends Series.