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Oliver Wendell Holmes Jr. Books

1 book·~10 min total read

Oliver Wendell Holmes Jr. (1841–1935) was an American jurist and legal scholar who served as an Associate Justice of the U.

Known for: The Common Law

Books by Oliver Wendell Holmes Jr.

The Common Law

The Common Law

law_crime·10 min read

Originally published in 1881, The Common Law is a foundational work of American legal theory by Oliver Wendell Holmes Jr. It explores the historical development of common law principles, emphasizing the role of experience and societal evolution in shaping legal doctrines. Holmes argues that law is not a set of abstract rules but a living system influenced by social needs and moral progress.

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1

Early Forms of Liability

In the earliest civilizations, the notion of liability was crude, bound to the visceral need for revenge rather than principles of justice. A harm commanded immediate retaliation; the wronged party or kin sought redress through vengeance. Within such primitive systems, responsibility was strict: if ...

From The Common Law

2

The Evolution of Intent

As societies matured, a subtle yet profound shift occurred: the measure of legal responsibility began to turn inward. The ancient standard of external fault—what was done—slowly yielded to an inquiry into internal intention—why it was done. Law started to distinguish between accidental harm and deli...

From The Common Law

About Oliver Wendell Holmes Jr.

Oliver Wendell Holmes Jr. (1841–1935) was an American jurist and legal scholar who served as an Associate Justice of the U.S. Supreme Court from 1902 to 1932. Known for his eloquent opinions and pragmatic approach to law, Holmes profoundly influenced American jurisprudence and legal realism.

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Oliver Wendell Holmes Jr. (1841–1935) was an American jurist and legal scholar who served as an Associate Justice of the U.

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