Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint
| Author | : | |
| Rating | : | 4.14 (525 Votes) |
| Asin | : | 0521866502 |
| Format Type | : | paperback |
| Number of Pages | : | 222 Pages |
| Publish Date | : | 2013-12-17 |
| Language | : | English |
DESCRIPTION:
It is a tour de force." --Professor Philip Bobbitt, University of Texas Law School"Can Justice Holmes add insight tocontemporary debate? For Professor Kellogg the answer is an emphatic 'yes.'" --Stuart Shiffman, American Judicature Society"Kellogg does an excellent job of laying out some of the great challenges for philosophers of law and of showing that one great American figure was more consistent in his intelligent response to these challenges than has been recognized thus far in scholarship. Kellogg reveals several ways in which Holmes's work has insi
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 jurisprud
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. Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. 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. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint
An Extraordinary Analysis of Holmes' Jurisprudence Frederic R. Kellogg's new book on the legal thought of Justice Holmes is one of the most useful studies I have ever read on the Justice's jurisprudential thought. Even if the reader cannot accept all the elements of Kellogg's thesis, his analysis is so rich in insights and incisive in content that one nonetheless benefits enormously. Kellogg is, of course, the author . "Not very readable" according to Henry Cohen. I tried to read this book a couple of years ago, intending to review it for a legal magazine, but was unable to finish it. This was the case even though I am a lawyer who has read much about Holmes and much about legal philosophy, and, in a legal magazine, I have published an article on Holmes and book reviews on both subjects. When I was reading Kellogg's book, I jot