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

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Edition: 1st
Format: Paperback
Pub. Date: 2007-07-12
Publisher(s): Cambridge University Press
List Price: $57.75

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Summary

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. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. 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.

Table of Contents

Acknowledgements
List of contributors
Introduction
Law as a vocation: Holmes and the lawyer-s path
The bad man and the good lawyer
Why practice needs ethical theory: particularism, principle and bad behaviour
Theories, anti-theories and norms: comment on Nussbaum
Traversing Holmes-s path toward a jurisprudence of logical form
Holmes on the logic of the law
Holmes versus Hart: the bad man in legal theory
The bad man and the internal point of view
Oliver Wendell Holmes, Jr., and William James: the bad man and the moral life
Emerson and Holmes: serene skeptics
The path dependence of the law
Changing the path of the law
Holmes, economics and classical realism
Comment on Brian Leiter-s -Holmes, Economics and Classical Realism
Appendix: the path of the law
Index
Table of Contents provided by Publisher. All Rights Reserved.

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