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The Common Law opens with the most famous American legal quotation: “The life of the law has not been logic, it has been experience.” Holmes later developed this theme theoretically in his 1897 essay, The Path of the Law .
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 ...
11 The Path Dependence of the Law 245 CLAYTON P. GILLETTE 12 Changing the Path of the Law 278 GILLIAN K. HADFIELD 13 Holmes, Economics, and Classical Realism 285 BRIAN LEITER 14 Comment on Brian Leiter’s “Holmes, Economics, and Classical Realism” 326 JODY S. KRAUS Appendix: The Path of the Law (Oliver Wendell Holmes, Jr.) 333 Index 351 ...
Path of the Law 15 after first having been misunderstood and having been given a new and broader scope than it had when it had a meaning. It is the settled law of England that a material alteration of a written contract by a party avoids it as against him. The doctrine is contrary to the general tendency of the law.
The Path of the Law and The Common Law (Kaplan Classics of Law) : Holmes, Oliver Wendell, Williams, J. Craig: Amazon.de: Bücher
- Taschenbuch
3. Feb. 2009 · In The Path of the Law, Holmes discusses his personal philosophy on legal practice. The Common Law is a series of lectures that established Holmes’s reputation as a witty and articulate writer. J. Craig Williams is the founding member of WLF The Williams Lindberg Law Firm, PC.
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- Oliver Wendell Holmes
While his book, The Common Law (1881), is a scholarly tour de force, his 1897 essay, "The Path of the Law," has proved to be one of the most influential works in legal theory. In the essay Holmes builds on the themes of The Common Law, which included his disassociation of law from morality and his emphasis on policy over logic.
