Search Images Maps Play YouTube News Gmail Drive More »
My library | Help | Advanced Book Search | Web History | Sign in

Books

The common law

Front Cover
8 Reviews
Transaction Publishers, Nov 1, 2004 - Law - 338 pages

The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings.

At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.

According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions.

Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897).

Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.

  

What people are saying - Write a review

User ratings

5 stars
2
4 stars
3
3 stars
1
2 stars
0
1 star
0

Review: The Common Law

User Review  - Mike - Goodreads

Let's begin with a couple of biographical details. Oliver Wendell Holmes, Jr., was a weird guy. Anyone who had grown up in the home of Dr. Oliver Wendell Holmes, Sr., gone by the nickname "Wendy" as a ... Read full review

Review: The Common Law

User Review  - Charlie - Goodreads

This book is one of the three or four books that shaped modern America. It has been in print continuously since 1885. It is both a book of ideas and an artifact; it is written in Victorian American ... Read full review

All 8 reviews »

Related books

Contents

III
3
IV
5
V
34
VI
63
VII
104
VIII
130
IX
163
X
195
XII
241
XIII
265
XIV
289
XV
319
XVI
321
XVII
325
XVIII
329
Copyright

XI
227

Other editions - View all

Common terms and phrases

References to this book

From other books

Institutional Theory in Political Science: The New Institutionalism
The Evolution of Institutional Economics: Agency, Structure, and Darwinism ...
All Book Search results »

From Google Scholar

Putting Case-Based Instruction into Context: Examples from Legal ...
Susan M Williams - 1992 - Journal of the Learning Sciences
On the Nature of Supreme Court Decision Making
Tracey E George, Lee Epstein - 1992 - The American Political Science Review
Law, science, and humanity
Gary B Melton - 1990 - Law and Human Behavior
All Scholar search results »

References from web pages

Common law - Wikipedia, the free encyclopedia
The common law was first codified by the Confirmatio Cartarum [2] [original ... in 1297, which declared that the Magna Carta of 1215 was the common law, ...
en.wikipedia.org/ wiki/ Common_law

The Common Law home page, Harvard Law School Library
From the first of twelve Lowell Lectures delivered by Oliver Wendell Holmes, Jr. on November 23, 1880, which were the basis for The Common Law. ...
www.law.harvard.edu/ library/ collections/ special/ online-collections/ common_law/ index.php

Saving Justice Holmes: The Common Law of War
SAVING JUSTICE HOLMES: THE COMMON LAW OF WAR1 Paper presented by Thomas W. mcshane United States Army Command and General Staff College At the ISA Annual ...
www.allacademic.com/ meta/ p99484_index.html

Holmes, The Common Law: Contract. II. Elements
If it be proper to state the common-law meaning of promise and contract in this way, it has the advantage of freeing the subject from the superfluous theory ...
www.constitution.org/ cmt/ owh/ commonlaw08.htm

The Common Law (work by Holmes) -- Britannica Online Encyclopedia
In 1880–81 Holmes was invited to lecture on the common law at the Lowell Institute in Boston, and from these addresses developed his book The Common Law ...
www.britannica.com/ eb/ topic-128439/ The-Common-Law

Common Law - Research and Read Books, Journals, Articles at ...
us state statutes usually provide that the common law, equity, and statutes in .... Conversely, in its development the common law may be informed by changes ...
www.questia.com/ library/ law/ common-law.jsp

The Common Law by Oliver Wendell Holmes, Jr. - Full Text Free Book ...
The Common Law by Oliver Wendell Holmes, Jr. Part 8 out of 8. fullbooks.com homepage · Index of The Common Law · Previous part (7). 396/1 Co. Lit. 385 a. ...
www.fullbooks.com/ The-Common-Law8.html

Project Gutenberg's The Common Law, by Oliver Wendell Holmes Jr ...
Project Gutenberg's The Common Law, by Oliver Wendell Holmes Jr. ******This file should be named cmnlw10.txt or cmnlw10.zip****** ...
biotech.law.lsu.edu/ Books/ Holmes/ holmes_CL_header.htm

The Common Law
... is the act on the wrong side of the line, be that act blameworthy or otherwise. . . ." Oliver Wendall Holmes, The Common Law 108-110 (1881). Hit Counter.
www2.law.columbia.edu/ faculty_franke/ Torts/ Common%20Law.htm

JSTOR: The Common Law Tradition--Deciding Appeals
In The Common Law Tradition Llewellyn has spread his thinking more largely than ever before. He correlates his earlier original researches and departures in ...
links.jstor.org/ sici?sici=0010-1958(196105)61%3A5%3C931%3ATCLTA%3E2.0.CO%3B2-L

About the author (2004)

A devoted physician and professor of anatomy and physiology at Harvard College for 35 years, Holmes used his literary talents to enhance his life, not to define it. Literary fame came relatively early to Holmes, when in 1830 he published a few lines of verse in a Boston newspaper in which he objected to the dismantling of the frigate Constitution, which had served its nation victoriously in the Tripolitan War and the War of 1812. The poem, "Old Ironside," was a great success, both for Holmes as a poet and in saving the frigate. However, his medical studies left Holmes little leisure for literature for the next 25 years. That changed, however, with the publication of an animated series of essays in the newly founded Atlantic Monthly in 1857 and 1858, and afterwards published in book form as The Autocrat of the Breakfast-Table (1858). Not only did these essays help secure the magazine's success, but also brought Holmes widespread popularity. Holmes as an essayist has been compared with all of the great writers in that genre, from Michel de Montaigne to Charles Lamb, but his compositions are closer to conversational than to formal prose. Later volumes---The Professor at the Breakfast-Table (1860), The Poet at the Breakfast-Table (1872), and Over the Teacups (1891)---extend the autocrat's delightfully egotistical talks, mainly of Boston and New England, in which Holmes was, by turns, brilliantly witty and extremely serious. During these same years, he also wrote three so-called medicated novels: Elsie Venner (1861), The Guardian Angel (1867), and A Mortal Antipathy (1885). Though undistinguished as literary documents, they are important early studies of that "mysterious borderland which lies between physiology and psychology," and they demonstrate that Holmes was advanced in his conception of the causes and progress of neuroses and mental disease. Many of Holmes's best poems appeared first in his "Breakfast Table" series. "The Deacon's Masterpiece, or the Wonderful One-Hoss Shay," "The Chambered Nautilus," and "The Living Temple" all may be found in The Autocrat of the Breakfast-Table (1858). But the bulk of Holmes's poetry is occasional verse, written "on command" to celebrate "the affairs of men and nations." Indeed, so many events are commemorated in his verses that a social history of the times---at least in Boston---may be read in his complete poems. Much more lasting as literary artifacts, however, are his short, humorous verses, like "The Ballad of the Oysterman" (1830), "The Last Leaf" (1831), and "My Aunt" (1831).

Bibliographic information