The Common Law
1st Edition
Published on 19. February 2020
365 pages
978-1-000-66384-6 (ISBN)
Description
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.
More details
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
ISBN-13
978-1-000-66384-6 (9781000663846)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Oliver Wendell Holmes
The Common Law
Book
12/2020
1st Edition
Routledge
€192.30
Shipment within 10-20 days
Oliver Wendell Holmes
The Common Law
Book
11/2004
1st Edition
Transaction Publishers
€60.00
Shipment within 10-20 days
Person
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).
Content
Introduction to the Transaction Edition, Preface, LECTURE 1: EARLY FORMS OF LIABILITY, LECTURE 2: THE CRIMINAL LAW, LECTURE 3: TORTS.- TRESPASS AND NEGLIGENCE, LECTURE 4: FRAUD, MALICE, AND INTENT - THE THEORY OF TORTS, LECTURE 5: THE BAILEE AT COMMON LAW, LECTURE 6: POSSESSION, LECTURE 7: CONTRACT. - 1. HISTORY, LECTURE 8: CONTRACT. - 2. ELEMENTS, LECTURE 9: CONTRACT. - 3. VOID AND VOIDABLE, LECTURE 10: SUCCESSIONS. - 1. AFTER DEATH. - 2. INTER VIVOS, LECTURE 11: SUCCESSIONS. - 2. INTER VIVOS, Glossary of Legal Terms, Table of Cases, Year Books and Early Cases, Index
