Collected Legal Papers

ISBN-13: 9781584776116 / Angielski / Twarda / 2010 / 324 str.

Jr. Oliver Wendell Holmes

Opis

A valuable compilation, this volume contains Holmes most famous speeches and papers from 1885 to 1918. Its publication in 1920 was an important event in the legal community, and it was reviewed with great enthusiasm in the major journals and law reviews. Roscoe Pound offered the finest assessment in "Judge Holmess Contributions to the Science of Law," an essay-review from 1921 that analyzed the place of these writings in the development of American law from the 1880s to the 1920: "Rereading them consecutively in their new form and remembering the dates of their original publication, one can but see that their author has done more than lead American juristic thought of thepresent generation. Above all others he has shaped the methods and ideas that are characteristic of the present as distinguished from the immediate past.": Harvard Law Review 34 (1920-1921):449. ". . . Collected Legal Essays is a good vertical section of the mind of that judge who beyond any other of his generation has impressed his ideas on the structure and course of the law."- Learned Hand. Oliver Wendell Holmes, Jr. [1841-1935] served as Chief Justice of the Supreme Court of the United States from 1902 to 1932. Known as "The Great Dissenter" on the Court because of the brilliant legal reasoning found in his written opinions, he often differed in opinion from Theodore Roosevelt, who had appointed him to the bench. As a young man he attended Harvard College, served in the American Civil War among the "Harvard Regiment" and was seriously wounded. After the war he attended, and later taught at Harvard Law School before his appointment to the Supreme Judicial Court of Massachusetts. Well known for his legal philosophy espoused here and in The Common Law, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. CONTENTS Early English Equity, 1885The Law. Speech, 1885 The Profession of the Law. Part of an Address, 1886 On Receiving the Degree of LL.D. Speech, 1886The Use of Law Schools. Oration, 1886Agency, 1891Privilege, Malice and Intent, 1894Learning and Science. Speech, 1895Executors, 1895The Bar as a Profession, 1896Speech at Brown University, 1897The Path of the Law, 1897Legal Interpretation, 1899Law in Science and Science in Law. Address, 1889Speech at Bar Association Dinner, 1900Montesquieu, 1900John Marshall. From the Bench, February 4, 1901Address at Northwestern University Law School, 1902Economic Elements, 1904Maitland, 1907Holdsworths English Law, 1909Law and the Court. Speech, 1913Introduction to Continental Legal Historical Series, 1913Ideals and Doubts, 1915Bracton, 1915Natural Law, 1918