The Common Law

Author: Oliver Wendell Holmes
Publisher: Transaction Publishers
ISBN: 9781412819909
Format: PDF, Docs
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The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897). Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.

The Common Law

Author: Oliver Wendell (Jurist) Holmes
Publisher: Cambridge, Mass. : The Belknap Press of Harvard University Press
ISBN:
Format: PDF, ePub
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Letters of Louis D Brandeis Volume III 1913 1915

Author: Louis D. Brandeis
Publisher: SUNY Press
ISBN: 1438422598
Format: PDF
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With the election of Woodrow Wilson in 1912, Louis D. Brandeis emerged as the undisputed intellectual leader of those reformers who were trying to recreate a democratic society free from the economic and political depradations of monopolistic enterprise. But now these reformers had a champion in the White House, and direct access to him through one of his most trusted advisers. In this volume we see what was probably the high point of progressive reform--the first three years of the Wilson Administration. During these years Brandeis was considered for a Cabinet position, consulted frequently on matters of patronage, and called in at key junctures to determine policy. But he still kept up his many obligations to different reform groups: arguing cases before the Supreme Court, acting as public counsel in rate hearings, writing Other People's Money, one of the key exposes of the era, as well as advising his good friend Robert M. LaFollette and other reform leaders. Yet at the height of his career as a reformer, Brandeis suddenly took on another heavy obligation, the leadership of the American Zionist movement, and helped marshal Jews in this country to aid their brethren in war-ravaged Europe and Palestine. Carrying over his democratic ideals, he challenged the established American Jewish aristocracy in the Congress movement, in order to broaden the base of Jewish participation in important issues. At the end of 1915, Brandeis was an important figure not only in domestic reform and Jewish affairs, but on the international scene as well. And although no one knew it at the time, he stood at the brink of nomination to the nation's highest court. As in the earlier volumes, these letters indicate the inner workings of American reform, and they also show how American Zionism, under the leadership of Brandeis and his lieutenants, assumed those characteristics that would make it a unique and powerful instrument in world politics.

Justice and Legal Change on the Shores of Lake Erie

Author: Paul Finkelman
Publisher: Ohio University Press
ISBN: 0821444166
Format: PDF, Mobi
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Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications —like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk. This timely history confirms the significant role played by district courts in the history of the United States.

American Legal History A Very Short Introduction

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199766002
Format: PDF, ePub, Mobi
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A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.