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Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

2006-12-11 Philosophy
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Release : 2006-12-11
Genre : Philosophy
Kind : eBook
Book Rating : 870/5 ( reviews)

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Book Synopsis Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by : Frederic R. Kellogg

Download or read book Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint written by Frederic R. Kellogg. This book was released on 2006-12-11. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

2007 Judges
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Release : 2007
Genre : Judges
Kind : eBook
Book Rating : 841/5 ( reviews)

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Book Synopsis Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by : Frederic Rogers Kellogg

Download or read book Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint written by Frederic Rogers Kellogg. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt:

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

2011-06-30 Philosophy
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Release : 2011-06-30
Genre : Philosophy
Kind : eBook
Book Rating : 921/5 ( reviews)

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Book Synopsis Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by : Frederic R. Kellogg

Download or read book Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint written by Frederic R. Kellogg. This book was released on 2011-06-30. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.

The Common Law

2020-12-18
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Release : 2020-12-18
Genre :
Kind : eBook
Book Rating : 780/5 ( reviews)

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Book Synopsis The Common Law by : Taylor & Francis Group

Download or read book The Common Law written by Taylor & Francis Group. This book was released on 2020-12-18. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the greatest justices of the United States Supreme Court. In more than 2,000 opinions, Holmes delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In THE COMMON LAW, the ideas and judicial theory of Holmes can be studied and appreciated.

Oliver Wendell Holmes: A Life in War, Law, and Ideas

2019-05-28 Biography & Autobiography
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Release : 2019-05-28
Genre : Biography & Autobiography
Kind : eBook
Book Rating : 736/5 ( reviews)

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Book Synopsis Oliver Wendell Holmes: A Life in War, Law, and Ideas by : Stephen Budiansky

Download or read book Oliver Wendell Holmes: A Life in War, Law, and Ideas written by Stephen Budiansky. This book was released on 2019-05-28. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.

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