The Path of the Law

Author: Oliver Wendell Holmes Jr.

Publisher: The Floating Press

ISBN: 1775410579

Category: Law

Page: 42

View: 4087


The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.

New Paths of the Law

First Lectures in the Roscoe Pound Lectureship Series

Author: Roscoe Pound

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584776722

Category: Law

Page: 69

View: 6716


New Paths Dissects the Legal Trends of Late 1940s Notable for their conservatism, which became more pronounced in subsequent publications, these lectures reflect on developments in the international legal order during the late 1940s. Pound detected three legal "paths" those of liberty, humanitarianism and authoritarianism. The first, which he endorses, seeks to realize a maximum of free individual self assertion. Legal humanitarianism, which he criticizes heavily, is the expansion of injury law to include social redress and consumer protection. His antipathy toward the authoritarian path goes beyond a condemnation of authoritarian regimes like the Soviet Union to a rejection of any form of social legislation, such as socialized medicine or state-run pensions. These lectures were delivered at the University of Nebraska (where Pound had been dean of the College of Law from 1902-1907) and marked the establishment of the Roscoe Pound Lectureship Series. "This book, . . . by its very thinness may succeed in luring attention away from competing attractions, since here one may, with the expenditure of only a little time, obtain the reaction of one of the giants of jurisprudence to our confused, complex and turbulent modern legal scene." --North Carolina Review 93 (1950-1951) 29 Roscoe Pound [1870-1964] was a pre-eminent legal educator, scholar and prolific author. A professor at Harvard Law School for most of his career, and its dean from 1916-1936, he taught throughout the world in his later years. His five volume Jurisprudence (1959) is considered one of the most important contributions to the world's legal literature of the twentieth century.

The Path of the Law and Its Influence

The Legacy of Oliver Wendell Holmes, Jr

Author: Steven J. Burton

Publisher: Cambridge University Press

ISBN: 9780521037464

Category: Law

Page: 372

View: 4760


Oliver Wendell Holmes, Jr. (1841–1935) is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix.

The Path of the Righteous

Gentile Rescuers of Jews During the Holocaust

Author: Mordecai Paldiel

Publisher: KTAV Publishing House, Inc.

ISBN: 9780881253764

Category: History

Page: 401

View: 6841


"The book contains a foreword by Rabbi Harold Schulweis, founding chairman of the Jewish Foundation for Christian Rescuers/ADL, and an afterword by Abraham H. Foxman, National Director of the Anti-Defamation League and a Holocaust survivor who was saved by his Polish nursemaid, poignantly express their recognition of and gratitude to the untold numbers of righteous gentiles, many of whom will never be known by us."--BOOK JACKET.

Law Without Values

The Life, Work, and Legacy of Justice Holmes

Author: Albert W. Alschuler

Publisher: University of Chicago Press

ISBN: 9780226015217

Category: Biography & Autobiography

Page: 325

View: 9485


Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

Author: Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 9780199729081

Category: Law

Page: 384

View: 3676


When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.

In the Path of God

Islam and Political Power

Author: Daniel Pipes

Publisher: Transaction Publishers

ISBN: 9781412826167

Category: History

Page: 373

View: 604


Americans' awareness of Islam and Muslims rose to seemingly unprecedented heights in the immediate aftermath of September 11, 2001, but this is not the first time they have dominated American public life. Once before, during the period of the Iranian revolution and hostage crisis of 1979 to 1981, Americans found themselves targeted as a consequence of a militant interpretation of Islam. Daniel Pipes wrote In the Path of God in response to those events, and the heightened interest in Islam they generated. His objective was to present an overview of the connection between in Islam and political power through history in a way that would explain the origins of hostility to Americans and the West. Its relevance to our understanding of contemporary events is self evident. Muslim antagonism toward the West is deeply rooted in historical experience. In premodern times, the Islamic world enjoyed great success, being on the whole more powerful and wealthier than their neighbors. About two hundred years ago, a crisis developed, as Muslims became aware of the West's overwhelming force and economic might. While they might have found these elements attractive, Muslims found European culture largely alien and distasteful. The resulting resistance to Westernization by Muslims has deep roots, has been more persistent than that of other peoples, and goes far to explain the deep Muslim reluctance to accept modern ways. In short, Muslims saw what the West had and wanted it too, but they rejected the methods necessary to achieve this. This, the Muslim trauma, has only worsened over the years. "Scholarly, far-ranging, and thoughtful... the debate is interesting, and Pipes has made a stimulating contribution to it."-The New Republic "Brilliant, authoritative... demonstrates encyclopedic knowledge of Muslim intellectual history... Few other writers have explained so lucidly such complex developments in Muslim history."-The Washington Post "He has resisted a widespread tendency to translate Muslim self-expression into social science jargon as unintelligible as any mosque harangue. His unadorned interpretation strikes a judicious balance between faithfulness to sources and clarity of presentation."-The American Spectator Daniel Pipes is director of the Middle East Forum and a columnist for the New York Post and the Jerusalem Post. Among his books are The Long Shadow: Culture and Politics in the Middle East (published by Transaction), Greater Syria: The History of an Ambition, Friendly Tyrants: An American Dilemma, and The Rushdie Affair: The Novel, the Aftermath and the West.

The Path of Self-Transformation

Author: Mark L. Prophet,Elizabeth Clare Prophet

Publisher: Summit University Press

ISBN: 0922729549

Category: Religion

Page: 339

View: 5425


The Path of Self-Transformation lifts the veil and reveals the true understanding of biblical allegory, including the mystical meaning of the Fall of Adam and Eve. It answers profound spiritual questions such as: Who suppressed the concepts of karma and reincarnation and why are they key to our spiritual growth? Why wasn't sex the original sin? These pages will illumine the path of transformation with unforgettable wisdom.