The Common Law

The Common Law
Author: Oliver Wendell Holmes
Publisher:
Total Pages: 448
Release: 1909
Genre: Common law
ISBN:

The Path of the Law and Its Influence

The Path of the Law and Its Influence
Author: Steven J. Burton
Publisher: Cambridge University Press
Total Pages: 370
Release: 2000-05-18
Genre: Law
ISBN: 0521630061

Brings together distinguished legal scholars to examine a seminal work in American legal theory.

Stereoscopic Law

Stereoscopic Law
Author: Alexander Lian
Publisher: Cambridge University Press
Total Pages: 537
Release: 2020-12-03
Genre: Law
ISBN: 1108600689

In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.

The Canon of American Legal Thought

The Canon of American Legal Thought
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 936
Release: 2018-06-05
Genre: Law
ISBN: 0691186421

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

The Dialectical Path of Law

The Dialectical Path of Law
Author: Charles Lincoln
Publisher: Rowman & Littlefield
Total Pages: 285
Release: 2021-10-13
Genre: Law
ISBN: 179363226X

This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.

On the path to AI

On the path to AI
Author: Thomas D. Grant
Publisher: Springer Nature
Total Pages: 163
Release: 2020-06-02
Genre: Social Science
ISBN: 3030435822

This open access book explores machine learning and its impact on how we make sense of the world. It does so by bringing together two ‘revolutions’ in a surprising analogy: the revolution of machine learning, which has placed computing on the path to artificial intelligence, and the revolution in thinking about the law that was spurred by Oliver Wendell Holmes Jr in the last two decades of the 19th century. Holmes reconceived law as prophecy based on experience, prefiguring the buzzwords of the machine learning age—prediction based on datasets. On the path to AI introduces readers to the key concepts of machine learning, discusses the potential applications and limitations of predictions generated by machines using data, and informs current debates amongst scholars, lawyers and policy makers on how it should be used and regulated wisely. Technologists will also find useful lessons learned from the last 120 years of legal grappling with accountability, explainability, and biased data.

The Collected Legal Papers

The Collected Legal Papers
Author: Oliver Wendell Holmes
Publisher: Courier Corporation
Total Pages: 322
Release: 2012-11-01
Genre: Law
ISBN: 0486148920

A Supreme Court justice for four decades, Holmes is renowned for his learning, judgment, and eloquence, as reflected in this compilation of 26 of his papers and addresses.

Law Without Values

Law Without Values
Author: Albert W. Alschuler
Publisher: University of Chicago Press
Total Pages: 340
Release: 2000
Genre: Biography & Autobiography
ISBN: 9780226015217

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

Oliver Wendell Holmes: A Life in War, Law, and Ideas

Oliver Wendell Holmes: A Life in War, Law, and Ideas
Author: Stephen Budiansky
Publisher: W. W. Norton & Company
Total Pages: 737
Release: 2019-05-28
Genre: Biography & Autobiography
ISBN: 0393634736

“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.