Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by Frederic R.

Description: Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by Frederic R. Kellogg 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 Holmess intellectual path from his early writings through his judicial career. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description 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 Holmess intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmess 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 Holmess distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. Author Biography 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. Table of Contents 1. A time for law; 2. Playing king; 3. Holmess 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. Holmess theory in retrospect. Review "...is an impressive achievement: Kellogg brings a new and thought-provoking perspective to Justice Holmes, the most important figure in American legal history; the book sheds new light on Holmess ideas and legacy." --Professor Brian Bix, University of Minnesota Law School "In this brilliant book, Frederic Kellogg revives a Holmes hitherto buried in the neglect of Holmes doctrinalism--indeed in the neglect of doctrinal argument as a fundamental method of constitutional construction. Here we see the Holmes who brought the common law tradition of deciding appeals to constitutional adjudication. It is a tour de force." --Professor Philip Bobbitt, University of Texas Law School "Can Justice Holmes add insight to...contemporary 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 Holmess work has insight to offer for contemporary debates in legal philosophy. Philosophers of law, of pragmatism, and of politics will benefit from Kelloggs in-depth study and defense of Holmes." --Eric Thomas Weber, University of Mississippi, The Pluralist Review Quote "...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 Holmess work has insight to offer for contemporary debates in legal philosophy. Philosophers of law, of pragmatism, and of politics will benefit from Kelloggs in-depth study and defense of Holmes." --Eric Thomas Weber, University of Mississippi, The Pluralist Promotional "Headline" In this study, Frederic R. Kellogg follows Holmess intellectual path from his early writings through his judicial career. Description for Bookstore 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 Holmess intellectual path from his early writings through his judicial career. Description for Library 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 Holmess intellectual path from his early writings through his judicial career. Details ISBN0521321921 Author Frederic R. Kellogg Publisher Cambridge University Press Year 2011 ISBN-10 0521321921 ISBN-13 9780521321921 Format Paperback Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Short Title OLIVER WENDELL HOLMES JR LEGAL Language English Media Book DEWEY 340.1 Pages 222 Residence US Publication Date 2011-06-30 Illustrations Worked examples or Exercises Audience Professional and Scholarly UK Release Date 2011-06-30 AU Release Date 2011-06-30 NZ Release Date 2011-06-30 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! 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