Allen Mendenhall. Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon: Aesthetic Dissent and the Common Law. Lewisburg, PA: Bucknell University Press, 2017. Pp. xxix+171. $75.00 (cloth).

2019 ◽  
Vol 8 (3) ◽  
pp. 462-464
Author(s):  
Benjamin Patrick Newton
Keyword(s):  
Common Law ◽  
Oliver Wendell Holmes ◽  
The Common

Hollywood on Trials: Courts and Films, 1930–1960

1994 ◽  
Vol 12 (2) ◽  
pp. 341-367 ◽  
Author(s):  
Norman Rosenberg
Keyword(s):  
Common Law ◽  
Legal Rhetoric ◽  
Legal Scholarship ◽  
Classic Work ◽  
Oliver Wendell Holmes ◽  
Legal Texts ◽  
The Common

As long as legal scholarship focused on traditional sources that were considered“distinctively legal,” a great variety of “legal texts” were consigned to scholars in other disciplines. Thus, Oliver Wendell Holmes, Jr. (1841–1932) and his classic workThe Common Law(1881) appeared safely inside the categorical “box” identified as distinctively legal, while Louis Calhern's portrayal of Holmes and the filmThe Magnificent Yankee(MGM, 1950) fell outside.In recent years, however, both the inside/outside distinction and the legal box metaphor have become increasingly suspect. Drawing upon post-structuralist theories, which highlight the discursive and representational dimensions of law, a variety of different projects seek to locate the diverse places at which legal rhetoric and imagery are constituted.

scholarly journals THE COMPARATIVE LEGAL HISTORY OF LIMITATION AND PRESCRIPTION

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eltjo Schrage
Keyword(s):  
Legal History ◽  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Legal Systems ◽  
Oliver Wendell Holmes ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The One

Within both the civil law and the common law (as well as in mixed legal systems), there are means of acquiring and losing rights, or of freeing ourselves from obligations with the passage of time. The reason for this is at least twofold: on the one hand, for a claimant, a dispossessed owner or a creditor, limitation and prescription provide stimuli for bringing the action; on the other, this sanction upon the negligence of the claimant implies in many cases a windfall for the defendant. If a creditor is negligent in protecting his assets, the law at a certain stage no longer protects him or her. As Oliver Wendell Holmes, Jr. said aptly some 100 years ago: “Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example”.

Seth Vannatta’s Justice Holmes

2018 ◽  
Vol 15 (4) ◽  
pp. 534-546
Author(s):  
Allen Mendenhall
Keyword(s):  
Common Law ◽  
A Priori ◽  
United States Supreme Court ◽  
Central Feature ◽  
United States Supreme ◽  
Supreme Court Justice ◽  
Oliver Wendell Holmes ◽  
New Directions ◽  
The Common ◽  
Successive Generations

Seth Vannatta identifies the common law as a central feature of the jurisprudence of former United States Supreme Court justice Oliver Wendell Holmes, Jr. Holmes treated the common law as if it were an epistemology or a reliable mode for knowledge transmission over successive generations. Against the grand notion that the common law reflected a priori principles consistent with the natural law, Holmes detected that the common law was historical, aggregated, and evolutionary, the sum of the concrete facts and operative principles of innumerable cases with reasonable solutions to complex problems. This view of the common law is both conservative and pragmatic. Vannatta’s analysis of Holmes opens new directions for the study of conservatism and pragmatism—and pragmatic conservatism—demonstrating that common-law processes and practices have much in common with the form of communal inquiry championed by C.S. Peirce.

Is Style of Reasoning a Fundamental Difference Between the Common Law and the Civil Law?

2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Fundamental Difference ◽  
The Common

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

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