Frederic R. Kellogg

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 11. Dezember 2006
• Englisch
• ISBN-13: 9780511258312
• Artikelnr.: 38205972

Autorenporträt

Frederic R. Kellogg is a scholar of jurisprudence and has been Visiting Scholar in the Department of Philosophy at the George Washington University, Senior Fulbright Fellow at the University of Warsaw, and Visiting Professor at Moscow State University. He is the author of The Formative Essays of Justice Holmes: The Making of an American Legal Philosophy, as well as numerous articles on legal philosophy and jurisprudence.

Inhaltsangabe

1. A time for law
2. Playing king
3. Holmes's conception of law
4. Common law theory revisited
5. Holmes and legal classification
6. The general theory of liability (and its critics)
7. Morals and skepticism in law
8. Judges, principles, and policy
9. Common law constitutionalism
10. Holmes's theory in retrospect.