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Vol 23 No 5 May/June 2018

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The Path of the Law and Its Influence: The Legacy of Oliver Wendell Holmes Jr.

ISBN13: 9780521630061
ISBN: 0521630061
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £77.00

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Oliver Wendell Holmes, Jr. (1841-1935) is, arguably, the most important American jurist of the 20th century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought.

He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures.

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.

Jurisprudence, Biography
Foreword Steven J. Burton
1. Law as a vocation: Holmes and the lawyer's path Robert W. Gordon
2. The bad man and the good lawyer David Luban
3. Why practice needs ethical theory: particularism, principle, and bad behavior Martha C. Nussbaum
4. Theories, antitheories, and norms: comment on Nussbaum Dan M. Kahan
5. Traversing Holmes's path toward a jurisprudence of logical form Scott Brewer
6. Holmes on the logic of the law Thomas C. Grey
7. Holmes versus Hart: the bad man in legal theory Stephen R. Perry
8. The bad man and the internal point of view Scott J. Shapiro
9. Wendell Holmes and William James: the bad man and the moral life
10. Emerson and Holmes: serene skeptics Sanford Levinson
11. The path dependence of the law Clayton P. Gillette
12. Changing the path of the law Gillian K. Hadfield
13. Holmes, economics, and classical realism Brian Leiter
14. Comment on Brian Leiter's 'Holmes, Nietzsche, and Classical Realism' Jody S. Kraus
Appendix: the path of the law Oliver Wendell Holmes, Jr.