Anaya Nolan
Oliver Wendell Holmes, Jr. is known for his work as a Supreme Court Justice, but he is also the author of the book 'The Common Law', published in 1881 when he was forty years old. The book is a series of lectures on common law in the United States, including topics such as torts, property, contracts, and crime. It is considered a classic in legal scholarship and has had a significant influence on the study of jurisprudence.
| Characteristics | Values |
|---|---|
| Author | Oliver Wendell Holmes, Jr. |
| Year of Publication | 1881 |
| Publisher | Little, Brown and Company |
| Binding | Dull red buckram |
| Edition | First Edition |
| Owner | Robert B. Nason |
| Bookplate Design | Arte nouveau design of a woman standing in front of a crescent moon with a shield bearing the Harvard motto, "Veritas." |
| Sticker | "G.A. Jackson Law Books, 8 Pemberton Square Boston, Mass." |
| Notes | "1st ed. of important Legal Treatise $450.00" followed by "28-6-1910." |
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What You'll Learn
The book was published in 1881
The Common Law, written by Oliver Wendell Holmes, Jr., was published in 1881. This was 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures.
The book is considered a profound and wide-ranging guide to the law and its historical aspects, yet it is written in a manner that is accessible to laypeople. It is still considered indispensable reading for lawyers, political scientists, historians, and anyone interested in the origins, development, and continuing evolution of the law.
The first page of Holmes' treatise contains a memorable and revolutionary line: "The life of the law has not been logic; it has been experience." This line qualifies a dictum by the famous seventeenth-century English jurist Sir Edward Coke: "Reason is the life of the law." Holmes' writings on the evolution of law in response to human beliefs, desires, and actions directly contradict Coke's idea of a "science of reason" derived from the law of God.
The Common Law was Holmes' only original book, published when he was forty years old. However, he also wrote over 1000 specific opinions as a judge, becoming a prime architect of New American Common Law.
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It covers crime, torts, property and contracts
Oliver Wendell Holmes, Jr.'s book, 'The Common Law', published in 1881, covers crime, torts, property, and contracts. The book is a treatise on the common law in the United States and is written as a series of lectures.
Crime
The book includes a lecture on criminal law, but it is unclear what specific aspects of criminal law are covered. However, the book's introduction provides insight into the general theory of criminal liability, stating that the law has grown from "barbarism to civilization". This suggests that the book may discuss the historical development of criminal law and how it has been shaped by societal changes.
Torts
Torts, a civil wrong other than a breach of contract, are a significant focus of the book. Holmes explores the historical evolution of tort law, tracing its roots back to the passion for revenge in early legal procedures. He discusses how compensation replaced vengeance as a form of redress, and how this transformation influenced the scope of tort law. The book covers various types of torts, including trespass, negligence, fraud, and intentional infliction of emotional distress. It also addresses the theory of torts, liability, and the role of intent and malice.
Property
While there is no specific lecture on property law in the book's outline, it is mentioned in the context of torts and successions. For example, one lecture is titled "Possession," suggesting that Holmes delves into the legal aspects of possessing property. Additionally, successions after death and inter vivos (during one's lifetime) are discussed, which likely involve the transfer of property.
Contracts
The book includes two lectures specifically dedicated to contracts, covering their history, elements, and voidability. Contracts are also mentioned in the context of torts, highlighting the overlap between these two areas of law. The book addresses the civil remedies available after a breach of contract and how they differ from tort law remedies.
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It was written by Oliver Wendell Holmes, Jr
Oliver Wendell Holmes, Jr. was an American jurist and one of the most widely cited and influential Supreme Court justices in American history. He is also known for his distinctive personality and writing style, which made him popular, especially with American progressives.
Holmes wrote The Common Law, which was published in 1881 when he was forty years old. The book is a series of lectures on common law in the United States, including torts, property, contracts, and crime. It is considered a famous treatise and is known for its memorable and revolutionary first line: "The life of the law has not been logic: it has been experience." This line challenges the traditional view of the law as a "science of reason" and introduces the idea that the evolution of law is shaped by human beliefs, desires, and actions.
The Common Law also reflects Holmes' exposure to the writings of English thinkers such as John Stuart Mill and James Fitzjames Stephen, contributing to a more cosmopolitan American legal thought. In addition, the book demonstrates how the law has evolved from barbarism to civilization, with a focus on the transformation of principles of liability and the passion for revenge.
Holmes' work as a legal scholar is often overshadowed by his judicial career, but The Common Law has had a significant impact on the study of jurisprudence, just as his opinions influenced the evolution of case law. His writing and jurisprudence are considered precursors to Legal Realism, a school of twentieth-century American legal thought and practice.
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It's about common law in the United States
The Common Law, written by Oliver Wendell Holmes, Jr., is a book about common law in the United States. Published in 1881, it is a profound and wide-ranging treatment of the historical aspects of the law, written in a style accessible to laypeople. It is considered Holmes' magnum opus and remains indispensable reading for lawyers, political scientists, historians, and anyone interested in the law's origins, development, and evolution.
The book is structured as a series of lectures, covering topics such as criminal law, torts, trespass, negligence, fraud, contracts, property, and crime. One of its most famous lines appears on the first page: "The life of the law has not been logic; it has been experience." This statement challenges the traditional view of the law as a "science of reason" or a system of logic derived from Natural Law and God's laws. Instead, Holmes argues that the evolution of the law is shaped by human experiences, beliefs, desires, and actions.
Holmes' work also explores the transformation of legal principles from barbarism to civilisation. He traces the roots of liability for harm inflicted by another person or thing, arguing that it stems from the passion for revenge. He illustrates how early legal procedures were grounded in vengeance, with Roman and German laws starting from blood feuds. Over time, these feuds were replaced by optional and then compulsory compositions, where the feud was bought off.
Holmes' ideas had a significant impact on American legal thought and practice, liberating it from its adherence to English models. His work on common law, combined with his jurisprudence, laid the foundation for what became known as Legal Realism. Judge Richard Posner described Legal Realism as "the most influential school of twentieth-century American legal thought and practice."
In addition to his renowned work as a Supreme Court Justice, Holmes' scholarship in "The Common Law" has left an enduring legacy, shaping the understanding and practice of law in the United States and beyond.
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It's written as a series of lectures
Oliver Wendell Holmes, Jr. is one of the most famous Supreme Court justices in the United States. He is much less well-known as a legal scholar, having written only one original book, The Common Law, published in 1881 when he was forty.
The Common Law is written as a series of lectures, covering topics such as crime, torts, property, and contracts. It is a profound and wide-ranging guide to the law in its historical aspects, yet it is written in a manner that is accessible to the layman. The book is about common law in the United States, and it has had a significant impact on the study of jurisprudence.
The first page of Holmes' treatise contains a memorable and revolutionary line: "The life of the law has not been logic; it has been experience." This statement challenges the long-held view of lawyers that the law is a "science of reason," a system of logic derived from the law of God. Holmes' work, instead, applies the philosophical principles associated with Pragmatism and is a precursor of Legal Realism.
The lectures in the book cover a range of topics, including the criminal law, torts, trespass and negligence, fraud, malice, and intent, the theory of torts, the bailee at common law, possession, and contract. Holmes also discusses the early forms of legal procedure, grounded in vengeance, and traces the transformation of the law from barbarism to civilization.
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Frequently asked questions
It was published in 1881.
He was forty years old.
It is about common law in the United States, including torts, property, contracts, and crime. It is written in the form of a series of lectures.
