Oliver Wendell Holmes, Jr., legal theory, and judicial restraint小奥利弗·温德尔·霍姆斯，法律理论与司法节制 chm 下载 lrf pdf 阿里云 azw3 kindle 网盘

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 contemporary 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 emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers, including John Austin, Thomas Hobbes, H. L. A. Hart, Ronald Dworkin, Antonin Scalia, and other leading legal theorists.

Preface page

1 A Time for Law

2 Playing King: Connections and Misconceptions

3 Holmes’s Conception of Law

4 Common Law Theory Revisited

5 Holmes and Legal Classification

6 The General Theory of Liability

7 Morals and Skepticism in Law

8 Judges, Principles, and Policy

9 Common Law Constitutionalism

10 Holmes’s Theory in Retrospect

11 Conclusion

Appendix

Bibliography

Index

暂无相关内容，正在全力查找中

暂无出版社相关信息，正在全力查找中！

暂无相关书籍摘录，正在全力查找中！

在线阅读地址：Oliver Wendell Holmes, Jr., legal theory, and judicial restraint小奥利弗·温德尔·霍姆斯，法律理论与司法节制在线阅读

在线听书地址：Oliver Wendell Holmes, Jr., legal theory, and judicial restraint小奥利弗·温德尔·霍姆斯，法律理论与司法节制在线收听

在线购买地址：Oliver Wendell Holmes, Jr., legal theory, and judicial restraint小奥利弗·温德尔·霍姆斯，法律理论与司法节制在线购买

暂无原文赏析，正在全力查找中！

编辑推荐

作者简介：

　　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.

书籍介绍

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, which was originally published in 2007, 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.