The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr

Paperback (Print)
Buy New
Buy New from
Used and New from Other Sellers
Used and New from Other Sellers
from $44.38
Usually ships in 1-2 business days
(Save 11%)
Other sellers (Paperback)
  • All (5) from $44.38   
  • New (3) from $44.38   
  • Used (2) from $69.16   


Oliver Wendell Holmes, Jr. (1841-1935) is, arguably the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. The book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.

Steven J. Burton, Robert W Gordon, David Luban, Martha C. Nussbaum, Dan M. Kahan, Scott Brewer, Thomas C. Grey, Stephen R. Perry, Scott J. Shapiro, Sanford Levinson, Clayton P Gillette, Gillian K. Hadfield, Brian Leiter, Jody S. Kraus, Catherine Peirce Wells

Read More Show Less

Editorial Reviews

From the Publisher
"this is a valuable contribution for anyone interested in the philosophy of law." Choice

"...interesting, eccentric, learned, epigrammatic..." Appellate Practice Journal

Read More Show Less

Product Details

Table of Contents

Acknowledgements; List of contributors; Introduction Steven J. Burton; 1. Law as a vocation: Holmes and the lawyer's path Robert W. Gordon; 2. The bad man and the good lawyer David Luban; 3. Why practice needs ethical theory: particularism, principle and bad behaviour Martha C. Nussbaum; 4. Theories, anti-theories and norms: comment on Nussbaum Dan M. Kahan; 5. Traversing Holmes's path toward a jurisprudence of logical form Scott Brewer; 6. Holmes on the logic of the law Thomas C. Grey; 7. Holmes versus Hart: the bad man in legal theory Stephen R. Perry; 8. The bad man and the internal point of view Scott J. Shapiro; 9. Oliver Wendell Holmes, Jr., and William James: the bad man and the moral life Catherine Peirce Wells; 10. Emerson and Holmes: serene skeptics Sanford Levinson; 11. The path dependence of the law Clayton P. Gillette; 12. Changing the path of the law Gillian K. Hadfield; 13. Holmes, economics and classical realism Brian Leiter; 14. Comment on Brian Leiter's 'Holmes, Economics and Classical Realism' Jody S. Kraus; Appendix: the path of the law (Oliver Wendell Holmes, Jr.); Index.

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)