The Common Law (Google eBook)

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Little, Brown, 1909 - Common law - 422 pages
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Review: The Common Law

User Review  - Mike - Goodreads

Let's begin with a couple of biographical details. Oliver Wendell Holmes, Jr., was a weird guy. Anyone who had grown up in the home of Dr. Oliver Wendell Holmes, Sr., gone by the nickname "Wendy" as a ... Read full review

Review: The Common Law

User Review  - Robert - Goodreads

Among justices of the Supreme Court, Oliver Wendell Holmes, Jr. is of a tier that accompanied only by a few others, such as John Marshall and perhaps Hugo Black. Before this book was published, Holmes ... Read full review

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Page 1 - The life of the law has not been logic ; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by- which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms...
Page 41 - If people would gratify the passion of revenge outside of the law, if the law did not help them, the law has no choice but to satisfy the craving itself, and thus avoid the greater evil of private retribution.
Page 7 - If an ox gore a man or a woman, that they die : then the ox shall be surely stoned, and his flesh shall not be eaten ; but the owner of the ox shall be quit.
Page 116 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 50 - And whether it brings those conditions to pass immediately by the use of force, as when it protects a house from a mob by soldiers, or appropriates private property to public use, or hangs a man in pursuance of a judicial sentence, or whether it brings them about mediately through men's fears, its object is equally an external result. In directing itself against robbery or murder, for instance, its purpose is to put a stop to the actual physical taking and keeping of other men's goods, or the actual...
Page 60 - So where a person does an act, lawful in itself, but in an unlawful manner, and without due caution and circumspection; as when a workman flings down a stone or piece of timber into the street, and kills a man ; this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village, where...
Page 5 - The reason which gave rise to the rule has been forgotten, and ingenious minds set themselves to inquire how it is to be accounted for. Some ground of policy is thought of, which seems to explain it and to reconcile it with the present state of things ; and then the rule adapts itself to the new reasons which have been found for it, and enters on a new career. The old form receives a new content, and in time even the form modifies itself to fit the meaning which it has received.
Page 296 - When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal...
Page 36 - Every important principle which is developed by litigation is in fact and at bottom the result of more or less definitely understood views of public policy; most generally, to be sure, under our practice and traditions, the unconscious result of instinctive preferences and inarticulate convictions, but none the less traceable to views of public policy in ""The Common Law'' by Oliver Wendell Holmes, Jr., Little, Brown and Company, Boston, Page 1.
Page 202 - But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.

References from web pages

Common law - Wikipedia, the free encyclopedia
The common law was first codified by the Confirmatio Cartarum [2] [original ... in 1297, which declared that the Magna Carta of 1215 was the common law, ... wiki/ Common_law

The Common Law home page, Harvard Law School Library
From the first of twelve Lowell Lectures delivered by Oliver Wendell Holmes, Jr. on November 23, 1880, which were the basis for The Common Law. ... library/ collections/ special/ online-collections/ common_law/ index.php

Saving Justice Holmes: The Common Law of War
SAVING JUSTICE HOLMES: THE COMMON LAW OF WAR1 Paper presented by Thomas W. mcshane United States Army Command and General Staff College At the ISA Annual ... meta/ p99484_index.html

Holmes, The Common Law: Contract. II. Elements
If it be proper to state the common-law meaning of promise and contract in this way, it has the advantage of freeing the subject from the superfluous theory ... cmt/ owh/ commonlaw08.htm

The Common Law (work by Holmes) -- Britannica Online Encyclopedia
In 1880–81 Holmes was invited to lecture on the common law at the Lowell Institute in Boston, and from these addresses developed his book The Common Law ... eb/ topic-128439/ The-Common-Law

Common Law - Research and Read Books, Journals, Articles at ...
us state statutes usually provide that the common law, equity, and statutes in .... Conversely, in its development the common law may be informed by changes ... library/ law/ common-law.jsp

The Common Law by Oliver Wendell Holmes, Jr. - Full Text Free Book ...
The Common Law by Oliver Wendell Holmes, Jr. Part 8 out of 8. homepage · Index of The Common Law · Previous part (7). 396/1 Co. Lit. 385 a. ... The-Common-Law8.html

Project Gutenberg's The Common Law, by Oliver Wendell Holmes Jr ...
Project Gutenberg's The Common Law, by Oliver Wendell Holmes Jr. ******This file should be named cmnlw10.txt or****** ... Books/ Holmes/ holmes_CL_header.htm

The Common Law
... is the act on the wrong side of the line, be that act blameworthy or otherwise. . . ." Oliver Wendall Holmes, The Common Law 108-110 (1881). Hit Counter. faculty_franke/ Torts/ Common%20Law.htm

JSTOR: The Common Law Tradition--Deciding Appeals
In The Common Law Tradition Llewellyn has spread his thinking more largely than ever before. He correlates his earlier original researches and departures in ... sici?sici=0010-1958(196105)61%3A5%3C931%3ATCLTA%3E2.0.CO%3B2-L

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