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The Common Law

Author: Oliver Wendell Holmes
Publisher: Transaction Publishers
ISBN: 9781412819909
Size: 49.89 MB
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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.

Law In American History Volume Iii

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0190634960
Size: 15.62 MB
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In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

Letters Of Louis D Brandeis Volume Iii 1913 1915

Author: Louis D. Brandeis
Publisher: SUNY Press
ISBN: 1438422598
Size: 36.53 MB
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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.

History Of The Harvard Law School And Of Early Legal Conditions In America

Author: Charles Warren
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770066
Size: 63.78 MB
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Warren, Charles. History of the Harvard Law School and of Early Legal Conditions in America. New York: Lewis Publishing Company, 1908. Three volumes. xiv, 543; iv, 560; 397 pp. Illustrated. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-29193. ISBN 1-58477-006-6. Cloth. $275. * The definitive history. Warren provides a fascinating account of law studies, lawyers, legal practice and legal conditions in America from 1640 to 1817--the year of the foundation of the Harvard Law School. This is followed by a comprehensive history of the Harvard Law School from 1817 to 1908. Volume three contains a complete, detailed biographical Alumni Roll for the Harvard Law School, with selected class pictures and an alumni index. Marke, A Catalogue of the Law Collection of New York University (1953) 201. The set is also available in handsome quarter calf with raised bands, gilt-stamped lettering-pieces and gilt embellishments, over marble boards for $850.