The Common Law

The Common Law

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by Oliver Wendell Holmes
     
 

Holmes (1841-1935), prior to his tenures on the benches of the Massachusetts Supreme Court and the US Supreme Court (where he became known as the "Great Dissenter") penned this academic defense of the common law system against the critiques of the utilitarians and the neo-Kantians/Hegelians suggesting the common law system lacked order. Implicitly approaching the… See more details below

Overview

Holmes (1841-1935), prior to his tenures on the benches of the Massachusetts Supreme Court and the US Supreme Court (where he became known as the "Great Dissenter") penned this academic defense of the common law system against the critiques of the utilitarians and the neo-Kantians/Hegelians suggesting the common law system lacked order. Implicitly approaching the topic from the perspective of philosophical pragmatism, according to the new introduction appended to this 1881work, Holmes argued that the common law system allowed the law to evolve in response to the changing social environment. Holmes presents a general theory of civil and criminal liability that relies on this evolutionary perspective (not without a fair bit of social Darwinism) and also considers the history and theory of contracts. Annotation ©2004 Book News, Inc., Portland, OR

Product Details

ISBN-13:
9781605206424
Publisher:
Cosimo
Publication date:
07/01/2009
Pages:
444
Sales rank:
1,219,766
Product dimensions:
5.50(w) x 8.50(h) x 0.99(d)

Related Subjects

Meet the Author

Oliver Wendell Holmes, Jr. ( 1841-1935) was an American jurist who served as an associate justice on the Supreme Court of the United States from 1902 to 1932. Noted for his long service, his concise and pithy opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States, and is one of the most influential American common-law judges.

Table of Contents

Lecture IEarly forms of liability
Lecture IIThe criminal law
Lecture IIITorts - trespass and negligence
Lecture IVFraud, malice, and intent - the theory of torts
Lecture VThe bailee at common law
Lecture VIPossession
Lecture VIIContract - I. history
Lecture VIIIContract - II. elements
Lecture IXContract - III. void and voidable
Lecture XSuccessions - I. after death - II. Inter Vivos
Lecture XISuccessions - II. Inter Vivos

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