The Common Law
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- Synopsis
- 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 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.
- Copyright:
- 2004
Book Details
- Book Quality:
- Publisher Quality
- Book Size:
- 365 Pages
- ISBN-13:
- 9781000663846
- Related ISBNs:
- 9780429338908, 9781138534780, 9781138534780, 9780765808271, 9780765808271, 9780765808271, 9780429338908, 9781138534780
- Publisher:
- Taylor and Francis
- Date of Addition:
- 05/17/20
- Copyrighted By:
- N/A
- Adult content:
- No
- Language:
- English
- Has Image Descriptions:
- No
- Categories:
- Nonfiction, Law, Legal Issues and Ethics, Sociology
- Submitted By:
- Bookshare Staff
- Usage Restrictions:
- This is a copyrighted book.