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A complete biography of the American judge Oliver Wendell Holmes, which shows the relationship between his 19th-century Boston upbringing and his 20th-century legal innovations. By examining Holmes's colourful life, the author defines the connection between legal thought and cultural change.
Judges --- Holmes, Oliver Wendell, --- Holmes, O. W. --- Biography
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"Explication of Holmes's didactic works, including A Mortal Antipathy and Over the Teacups, which substantiates Holmes as a serious writer of the New England Renaissance whose ideology of self-determination as an American value is as relevant to modern society as it was to the agrarian and industrial societies he addressed"--Provided by publisher.
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"No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions. The edited materials - spanning Holmes's 1861-1864 service in the Civil War to his 1931 radio address to the nation - offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before"--Provided by publisher.
Law --- Freedom of expression --- Anglo-American law --- Law, Anglo-American --- Holmes, Oliver Wendell, --- Holmes, O. W. --- General and Others
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With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841-1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon's empiricism, influenced by recent English debates over logic and scientific method, and Holmes's critical response to John Stuart Mill's 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law-the importance of the social dimension of legal and logical induction: how opposing views of "many minds" may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Law --- Law --- Philosophy. --- Methodology. --- Holmes, Oliver Wendell, --- David Hume. --- Oliver Wendell Holmes Jr. --- judicial restraint. --- legal logic. --- legal uncertainty. --- logical induction. --- social inductivism.
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This biography of one of the most important figures ever to sit on the United States Supreme Court traces Holmes's life from his early years in Boston, his undergraduate years in Harvard, his service in the Civil War and into legal practice. It then focuses on his 30 years service as a Supreme Court Justice.
Judges --- Holmes, Oliver Wendell, --- Holmes, O. W. --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Officials and employees --- Judges.
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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.
Judges --- Law --- Jurisprudence --- Law and politics --- Political aspects. --- Philosophy. --- Holmes, Oliver Wendell, --- Holmes, O. W. --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- History. --- Arts and Humanities --- Philosophy
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Dissenting opinions --- Judges --- Holmes, Oliver Wendell, --- United States. --- Officials and employees --- Separate opinions (Dissenting opinions) --- Judicial opinions --- Holmes, O. W. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國.
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Peter Gibian explores the key role played by Oliver Wendell Holmes in what was known as America's 'Age of Conversation'. He was both a model and an analyst of the dynamic conversational form, which became central to many areas of mid-nineteenth-century life. Holmes' multivoiced writings can serve as a key to open up the closed interiors of Victorian America, whether in saloons or salons, parlours or clubs, hotels or boarding-houses, schoolrooms or doctors' offices. Combining social, intellectual, medical, legal and literary history with close textual analysis, and setting Holmes in dialogue with Emerson, Hawthorne, Melville, Fuller, Alcott and finally with his son, Justice Oliver Wendell Holmes Junior, Gibian radically redefines the context for our understanding of the major literary works of the American Renaissance.
Literature and society --- Conversation --- Table-talk --- Conversation in literature. --- Dialogue in literature. --- Ana --- Sayings --- Talking --- Anecdotes --- Aphorisms and apothegms --- Biography --- Epigrams --- Wit and humor --- Colloquial language --- Etiquette --- Oral communication --- History --- Holmes, Oliver Wendell, --- Holmes, O. W. --- Criticism and interpretation. --- Arts and Humanities --- Literature
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Situated in mid-nineteenth-century Boston culture, Genteel Rhetoric combines history and cultural studies to examine the shaping of nineteenth-century North American rhetoric and aesthetics. The practitioners of genteel rhetoric included many of the writers who belonged to the New England school: Ralph Waldo Emerson, James Russell Lowell, Oliver Wendell Holmes, Charles Eliot Norton, and Thomas Wentworth Higginson. Harvard graduates and students of Edward T. Channing, Boylston Professor of Rhetoric and Oratory from 1819 to 1851, these men were also influenced by the Unitarian rhetoric of Channing's brother, William Ellery Channing, as well as by orators such as Edward Everett. They were part of a larger North American refinement movement - a movement interrupted by the Civil War. Broaddus argues that the genteel and coherent voices with which these writers discuss literature and high culture break apart when they begin to write about material issues related to slavery, abolition, and war against the background of growing dissent between North and South. Genteel Rhetoric examines the writers as they live through and write about the Civil War - Emerson and Lowell from a safe distance, Holmes searching for his wounded son in Maryland, and Higginson in the thick of action as colonel of the First South Carolina Volunteers, the first regiment of former slaves in the Union army.
American literature --- Rhetoric --- English language --- Language and culture --- Unitarians --- Authors, American --- American Literature --- English --- Languages & Literatures --- American authors --- Unitarian Universalists --- Culture and language --- Culture --- Germanic languages --- Language and languages --- Speaking --- Authorship --- Expression --- Literary style --- English literature --- Agrarians (Group of writers) --- History and criticism. --- Social aspects --- History --- Study and teaching --- Intellectual life. --- Homes and haunts --- Rhetoric. --- History and criticism --- Intellectual life --- Higginson, Thomas Wentworth, --- Holmes, Oliver Wendell, --- Lowell, James Russell, --- Emerson, Ralph Waldo, --- Imarsana, Rāfa Vālḍō, --- Emerson, R. W. --- Emerson, Waldo, --- Emerson, R. Waldo --- Ėmerson, Ralʹf Uoldo, --- Ai-mo-sheng, --- Emarsan̲, --- אמרסון, רלף ולדו, --- עמערסון, ראלף וואלדא, --- J. R. L. --- L., J. R. --- Melibœus-Hipponax, --- Wilbur, Homer, --- Holmes, O. W. --- Higginson, T. W. --- Technique. --- Boston (Mass.) --- City of Boston (Mass.) --- Beantown (Mass.) --- بوسطن (Mass.) --- Būsṭun (Mass.) --- Бостон (Mass.) --- Горад Бостан (Mass.) --- Horad Bostan (Mass.) --- Бостан (Mass.) --- Bostan (Mass.) --- Бостън (Mass.) --- Bostŭn (Mass.) --- Βοστώνη (Mass.) --- Vostōnē (Mass.) --- Bostono (Mass.) --- بوستون (Mass.) --- Pô-sṳ-tun (Mass.) --- 보스턴 (Mass.) --- Bosŭt'ŏn (Mass.) --- Posŭt'ŏn (Mass.) --- Pokekona (Mass.) --- בוסטון (Mass.) --- Bostonia (Mass.) --- Bostona (Mass.) --- Bostonas (Mass.) --- ボストン (Mass.) --- באסטאן (Mass.) --- Bostons (Mass.) --- 波士顿 (Mass.) --- Boshidun (Mass.) --- Massachusetts --- 19th century --- Higginson, Thomas Wentworth --- Technique --- Holmes, Oliver Wendell --- Lowell, James Russell --- Emerson, Ralph Waldo
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