The Essential Holmes

Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr.

Author: Oliver Wendell Holmes

Publisher: University of Chicago Press

ISBN: 022627988X

Category: Law

Page: 374

View: 9319

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Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
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Justice Oliver Wendell Holmes

Law and the Inner Self

Author: G. Edward White

Publisher: Oxford University Press

ISBN: 9780198024330

Category: History

Page: 648

View: 4881

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By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
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Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon

Aesthetic Dissent and the Common Law

Author: Allen Mendenhall

Publisher: Bucknell University Press

ISBN: 1611487927

Category: Literary Criticism

Page: 202

View: 8900

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Oliver Wendell Holmes Jr.’s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view.
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Novel Judgements

Legal Theory as Fiction

Author: William P. MacNeil

Publisher: Routledge

ISBN: 1134046731

Category: Fiction

Page: 256

View: 5924

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Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.
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Truth and Faith in Ethics

Author: Hayden Ramsay,Raimond Gaita,John Haldane,Edward Howlett Spence,Jude Dougherty,Anthony O'Hear,Nicholas Tonti-Filippini,Bernadette Tobin,Richard Hamilton,Julia Annas,Nancy Sherman,Christopher Cordner,Sandra Lynch,John Lamont,Robert George,John Finnis

Publisher: Andrews UK Limited

ISBN: 1845402960

Category: Philosophy

Page: 278

View: 8951

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This addition to the St Andrews Studies series contains a wide-ranging collection of essays on all aspects of moral philosophy and its impact upon public life in the twent-first century. The book brings together ethicists from a variety of traditions interested in moral truth and its relation to religious faith. A key theme is interaction between major Catholic thinkers with philosophers from non-religious traditions. Topics include reason and religion, natural law, God and morality, anti-consequentialism, rights and virtues.
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Palliative Care and End-of-Life Decisions

Author: G. Smith

Publisher: Springer

ISBN: 1137377399

Category: Law

Page: 121

View: 1450

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Total pain management mandates that an ethic of adjusted care be implemented at the end-stage of life which acknowledges ethically, legally, and clinically the use of terminal sedation as efficacious treatment.
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Untrodden Ground

How Presidents Interpret the Constitution

Author: Harold H. Bruff

Publisher: University of Chicago Press

ISBN: 022621124X

Category: Law

Page: 512

View: 3895

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When Thomas Jefferson struck a deal for the Louisiana Purchase in 1803, he knew he was adding a new national power to those specified in the Constitution, but he also believed his actions were in the nation’s best interest. His successors would follow his example, setting their own constitutional precedents. Tracing the evolution and expansion of the president’s formal power, Untrodden Ground reveals the president to be the nation’s most important law interpreter and examines how our commanders-in-chief have shaped the law through their responses to important issues of their time. Reviewing the processes taken by all forty-four presidents to form new legal precedents and the constitutional conventions that have developed as a result, Harold H. Bruff shows that the president is both more and less powerful than many suppose. He explores how presidents have been guided by both their predecessors’ and their own interpretations of constitutional text, as well as how they implement policies in ways that statutes do not clearly authorize or forbid. But while executive power has expanded far beyond its original conception, Bruff argues that the modern presidency is appropriately limited by the national political process—their actions are legitimized by the assent of Congress and the American people or rejected through debilitating public outcry, judicial invalidation, reactive legislation, or impeachment. Synthesizing over two hundred years of presidential activity and conflict, this timely book casts new light on executive behavior and the American constitutional system.
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Fateful Lightning

A New History of the Civil War and Reconstruction

Author: Allen C. Guelzo

Publisher: Oxford University Press

ISBN: 0199939365

Category: History

Page: 592

View: 949

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The Civil War is the greatest trauma ever experienced by the American nation, a four-year paroxysm of violence that left in its wake more than 600,000 dead, more than 2 million refugees, and the destruction (in modern dollars) of more than $700 billion in property. The war also sparked some of the most heroic moments in American history and enshrined a galaxy of American heroes. Above all, it permanently ended the practice of slavery and proved, in an age of resurgent monarchies, that a liberal democracy could survive the most frightful of challenges. In Fateful Lightning, two-time Lincoln Prize-winning historian Allen C. Guelzo offers a marvelous portrait of the Civil War and its era, covering not only the major figures and epic battles, but also politics, religion, gender, race, diplomacy, and technology. And unlike other surveys of the Civil War era, it extends the reader's vista to include the postwar Reconstruction period and discusses the modern-day legacy of the Civil War in American literature and popular culture. Guelzo also puts the conflict in a global perspective, underscoring Americans' acute sense of the vulnerability of their republic in a world of monarchies. He examines the strategy, the tactics, and especially the logistics of the Civil War and brings the most recent historical thinking to bear on emancipation, the presidency and the war powers, the blockade and international law, and the role of intellectuals, North and South. Written by a leading authority on our nation's most searing crisis, Fateful Lightning offers a vivid and original account of an event whose echoes continue with Americans to this day.
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Confronting Aristotle's Ethics

Ancient and Modern Morality (Large Print 16pt)

Author: Eugene Garver

Publisher: ReadHowYouWant.com

ISBN: 1459606108

Category:

Page: 588

View: 9866

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What is the good life? Posing this question today would likely elicit very different answers. Some might say that the good life means doing good - improving one's community and the lives of others. Others might respond that it means doing well - cultivating one's own abilities in a meaningful way. But for Aristotle these two distinct ideas - doing good and doing well - were one and the same and could be realized in a single life. In Confronting Aristotle's Ethics, Eugene Garver examines how we can draw this conclusion from Aristotle's works, while also studying how this conception of the good life relates to contemporary ideas of morality. The key to Aristotle's views on ethics, argues Garver, lies in the Metaphysics or, more specifically, in his thoughts on activities, actions, and capacities. For Aristotle, Garver shows, it is only possible to be truly active when acting for the common good, and it is only possible to be truly happy when active to the extent of one's own powers. But does this mean we should aspire to Aristotle's impossibly demanding vision of the good life? In a word, no. Garver stresses the enormous gap between life in Aristotle's time and ours. As a result, this book will be a welcome rumination on not only Aristotle, but the relationship between the individual and society in everyday life.
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Whittaker Chambers

A Biography

Author: Sam Tanenhaus

Publisher: Modern Library

ISBN: 9780307789266

Category: Biography & Autobiography

Page: 656

View: 7899

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Whittaker Chambers is the first biography of this complex and enigmatic figure. Drawing on dozens of interviews and on materials from forty archives in the United States and abroad--including still-classified KGB dossiers--Tanenhaus traces the remarkable journey that led Chambers from a sleepy Long Island village to center stage in America's greatest political trial and then, in his last years, to a unique role as the godfather of post-war conservatism. This biography is rich in startling new information about Chambers's days as New York's "hottest literary Bolshevik"; his years as a Communist agent and then defector, hunted by the KGB; his conversion to Quakerism; his secret sexual turmoil; his turbulent decade at Time magazine, where he rose from the obscurity of the book-review page to transform the magazine into an oracle of apocalyptic anti-Communism. But all this was a prelude to the memorable events that began in August 1948, when Chambers testified against Alger Hiss in the spy case that changed America. Whittaker Chambers goes far beyond all previous accounts of the Hiss case, re-creating its improbably twists and turns, and disentangling the motives that propelled a vivid cast of characters in unpredictable directions. A rare conjunction of exacting scholarship and narrative art, Whittaker Chambers is a vivid tapestry of 20th century history.
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