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Law’s Practical Theory

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0006
Subject:
Law, Philosophy of Law

This chapter examines Oliver Wendell Holmes Jr's speech, The Path of the Law. Holmes intended to be provocative in his speech when he wrote, “I often doubt whether it would not be a gain if every ... More


Touched with Fire

David E. Shi

in Facing Facts: Realism in American Thought and Culture, 1850–1920

Published in print:
1996
Published Online:
October 2011
ISBN:
9780195106534
eISBN:
9780199854097
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195106534.003.0004
Subject:
History, History of Ideas

The Civil War was a pivotal event in American political and social history. However, it also served as the hinge in the nation's cultural development, a turning point after which intellectual life ... More


Neither Blue Nor Gray

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0012
Subject:
Political Science, American Politics

This concluding chapter examines the postbellum rise of the philosophical school of Pragmatism, promoted in large part by Oliver Wendell Holmes. The author argues for Pragmatism as a response to the ... More


Prediction Theories: “The Path of the Law,” The Wings of the Dove, and the Engagement with Temporality

Lisi Schoenbach

in Pragmatic Modernism

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195389845
eISBN:
9780199918393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389845.003.0005
Subject:
Literature, 20th-century Literature and Modernism

Chapter Four claims that James’s remarkably subtle and nuanced registry of emotions and personal interactions-long taken to indicate an apolitical aestheticism-should be linked directly to his ... More


The Seeds of Time: Legal Realism and Legal History

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0002
Subject:
Law, Philosophy of Law

This chapter deals with the realist conception of history, especially in the development of legal doctrine. It begins with a discussion on the historical work of Oliver Wendell Holmes and his ... More


Malice and the Law of Torts

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0008
Subject:
Law, Human Rights and Immigration, Legal History

For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work ... More


Facing Facts: Realism in American Thought and Culture, 1850–1920

David E. Shi

Published in print:
1996
Published Online:
October 2011
ISBN:
9780195106534
eISBN:
9780199854097
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195106534.001.0001
Subject:
History, History of Ideas

This book provides a history of the rise of realism in American culture. It captures the character and sweep of this all-encompassing movement—ranging from Winslow Homer to the rise of the Ash Can ... More


Oliver Wendell Holmes Jr. and Legal Logic

Frederic R. Kellogg

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.001.0001
Subject:
Law, Legal History

This is a study of Justice Oliver Wendell Holmes Jr.’s original contribution to both legal logic and general logical theory. Conventional legal logic has focused on the operation of judges deciding ... More


The Strange Fate of Holmes’s Normal Speaker of English

Karen Petroski

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0005
Subject:
Law, Constitutional and Administrative Law

The puzzle this chapter addresses concerns a passage from Oliver Wendell Holmes’s well-known essay “The Theory of Legal Interpretation.” Judges following Holmes have used this essay as a kind of ... More


The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited: Towards an Integrative Jurisprudence *

Imer B. Flores

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0006
Subject:
Law, Philosophy of Law

This chapter reflects on the nature of law from a contemporary perspective. It addresses questions such as: Does law have a nature or even an essence? Can it be defined or explained? If so, which and ... More


: Holmes and Judicialized Liberalism

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0011
Subject:
Political Science, Political Theory

This chapter discusses the writings and judicial views of Oliver Wendell Holmes Jr. and the extraordinary influence he achieved in twentieth-century legal discourse that originated in part from the ... More


Stereography Begins

Ray Zone

in Stereoscopic Cinema & the Origins of 3-D Film, 1838–1952

Published in print:
2007
Published Online:
September 2011
ISBN:
9780813124612
eISBN:
9780813134796
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124612.003.0002
Subject:
Film, Television and Radio, Film

This chapter discusses the beginning of stereography in motion pictures. It all began when Charles Wheatstone created a device in 1830 that was called the “reflecting mirror stereoscope”. Sir David ... More


Holmes's Emerson

Joel Porte

in Consciousness and Culture: Emerson and Thoreau Reviewed

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300104462
eISBN:
9780300130577
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300104462.003.0007
Subject:
Literature, American, 19th Century Literature

This chapter examines Oliver Wendell Holmes' biography on Ralph Waldo Emerson in the American Men of Letters series. It suggests that Holmes' work seemed odd being an outspoken critic of ... More


Justice Holmes and the Arrival of Balancing

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

Two opinions by Justice Oliver Wendell Holmes, Jr., filed in the series of Espionage Act cases which the Supreme Court decided in 1919—his opinion for the Court in Schenck v. United States and his ... More


The Appeal and Final Decision: May 1919 to October 1922

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0010
Subject:
Sociology, Sport and Leisure

This chapter examines organized baseball's appeal following its loss in the Baltimore case as well as the Supreme Court's final decision, a period spanning May 1919 to October 1922. After Justice ... More


Introduction

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0001
Subject:
Sociology, Sport and Leisure

This book examines the history of the Federal Baseball litigation and explains how Major League Baseball first came to be exempt from antitrust law. In a unanimous ruling, penned by Justice Oliver ... More


The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Paul O. Carrese

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.001.0001
Subject:
Political Science, Political Theory

This book provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new ... More


The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More


Constituent Concepts

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on two concepts that figure most prominently in the constitution of electoral speech law: “electoral superintendence” and the “marketplace of ideas.” It shows that “electoral ... More


Rights and Privileges

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the distinction between rights and privileges in American constitutional law and how it continues to exert a strong intuitive appeal on higher education. It first considers the ... More


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