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Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015217
Category : Biography & Autobiography
Languages : en
Pages : 340
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Book Description
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author: Oliver Wendell Holmes
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 448
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Book Description
Author: Alexander Lian
Publisher: Cambridge University Press
ISBN: 1108600689
Category : Law
Languages : en
Pages : 537
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Book Description
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.
Author: Oliver Wendell Holmes
Publisher: Transaction Publishers
ISBN: 1412837820
Category : Constitutional law
Languages : en
Pages : 550
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Book Description
Author: Frederic R. Kellogg
Publisher: Cambridge University Press
ISBN: 9780521321921
Category : Philosophy
Languages : en
Pages : 0
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Book Description
Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674069919
Category : Law
Languages : en
Pages : 271
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Book Description
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262
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Book Description
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Author: Stephen Budiansky
Publisher: W. W. Norton & Company
ISBN: 0393634736
Category : Biography & Autobiography
Languages : en
Pages : 737
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Book Description
“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.
Author: Robert Watson Gordon
Publisher: Stanford University Press
ISBN: 9780804719896
Category : Law
Languages : en
Pages : 342
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Book Description
"On his retirement from the Supreme Court at the age of 90 in 1932, Oliver Wendell Holmes, Jr. was celebrated as few judges have ever been, beloved and revered as a national treasure. Holmes's influence, magnified into legend by the attention he has continued to receive, has helped to constitute the identity of the legal profession, the conception of the judicial function, and the role of the public intellectual in modern American culture." "The present collection of seven essays attempts to view Holmes's work apart from the restricted framework supplied by traditional jurisprudence by reassessing Holmes as an intellectual, a legal theorist, and an iconic public figure and culture hero. Each essay adds something new and distinctive to the scholarly controversies that have surrounded Holmes for over a century." "J. W. Burrow begins the volume by looking at Holmes's relations to various strands of Victorian social thought. she next three essays approach, each from a different angle, the problem of Holmes's relationship to formalism or classical orthodoxy in legal thought. Morton Horwitz provides a sweeping reassessment of the development of Holmes's legal thinking between the early period of the 1870's and 1880's and "The Path of the Law" in 1897. Mathias Reimann presents the first thorough exploration of Holmes's use - misuse, more often - of German philosophy, notably his discrediting, in The Common Law, of the legacy of Kant and Hegel. Stephen Diamond approaches Holmes's jurisprudence and his broader social and personal views by another original pathway, his legal opinions in taxation cases and his private views on taxation." "The final three essays consider Holmes as a man of letters and "representative" man of the American scene, both as he created himself and as he was created by others. Robert Ferguson shows how Holmes deliberately went about the work of fashioning the public persona of a judge. Peter Gibian shows how Holmes's construction of his public style was formed as a deliberate reaction against that of his famous father, Dr. Oliver Wendell Holmes, Sr. The final essay by David Hollinger has a dual purpose: to ask what Holmes meant by the "scientific way of looking at the world" and to discover how Holmes came to be such a hero to liberal Jewish intellectuals like Felix Frankfurter and Harold J. Laski."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
