The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr,9780521630061

The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr

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ISBN13: 9780521630061
ISBN10: 0521630061
Format: Hardcover
Pub. Date: 2000-05-18
Publisher(s): Cambridge University Press
List Price: $135.00

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Summary

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. 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 book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.

Table of Contents

Acknowledgments ix
List of Contributors
xi
Introduction 1(6)
Steven J. Burton
Law as a Vocation: Holmes and the Lawyer's Path
7(26)
Robert W. Gordon
The Bad Man and the Good Lawyer
33(17)
David Luban
Why Practice Needs Ethical Theory: Particularism, Principle, and Bad Behavior
50(37)
Martha C. Nussbaum
Theories, Anti-Theories, and Norms: Comment on Nussbaum
87(7)
Dan M. Kahan
Traversing Holmes's Path toward a Jurisprudence of Logical Form
94(39)
Scott Brewer
Holmes on the Logic of the Law
133(25)
Thomas C. Grey
Holmes versus Hart: The Bad Man in Legal Theory
158(39)
Stephen R. Perry
The Bad Man and the Internal Point of View
197(14)
Scott J. Shapiro
Oliver Wendell Holmes, Jr., and William James: The Bad Man and the Moral Life
211(20)
Catharine Peirce Wells
Emerson and Holmes: Serene Skeptics
231(14)
Sanford Levinson
The Path Dependence of the Law
245(33)
Clayton P. Gillette
Changing the Path of the Law
278(7)
Gillian K. Hadfield
Holmes, Economics, and Classical Realism
285(41)
Brian Leiter
Comment on Brian Leiter's ``Holmes, Economics, and Classical Realism''
326(7)
Jody S. Kraus
Appendix: The Path of the Law (Oliver Wendell Holmes, Jr.) 333(18)
Index 351

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