Honorable Justice: The Life of Oliver Wendell Holmes. The following year, Holmes gave up an attempt to make a career as a writer and teacher, and joined the Boston law firm that then became Shattuck, Holmes, and Munroe. After each near-miss, he went back to Boston to recuperate and then promptly re-joined his unit. Honorable Justice: The Life of Oliver Wendell Holmes. These letters are closer to Holmes's conversation, and cast light upon the style he adopted in judicial opinions, which were often designed to read aloud.
None of her photographs were published or publicly exhibited in her lifetime. During his service on the Massachusetts court, Holmes continued to develop and apply his views of the common law, usually following precedent faithfully. He reasoned that otherwise, police would have an incentive to circumvent the Fourth Amendment to obtain derivatives of the illegally obtained evidence, so any evidence resulting from this must be discouraged. His lectures on poets made him popular on the Boston-area lyceum circuit. Holmes appended the paragraph that led to the writing of the poem. An excellent account of a fascinating, imperfect man who bridges the modern world and a world with values and behavioral norms that would be very foreign to most people today. If she used some ready adjectives to describe the massive corporations circa 1900, they didn't strike me as out of place.
Holmes served on the court until January 12, 1932, when his brethren on the court, citing his advanced age, suggested that the time had come for him to step down. But this grand and charming old Yankee was principled, devoted to duty, bracingly apolitical. Law Without Values: The Life, Work, and Legacy of Justice Holmes. In the opening paragraphs of the book, he famously summarized his own view of the history of the common law: The life of the law has not been logic; it has been experience. In the United States, letters to male friends , , Felix Frankfurter, and Franklin Ford are similar, although the letters to Frankfurter are especially personal.
The law became Holmes' destiny only gradually. He particularly admired and was close to , a fellow officer in the 20th Massachusetts. Drawing on much Holmes material untouched by other biographers, Baker begins with Holmes's Boston-Brahmin family, his complex relationship with his illustrious father, and the powerful impact on his life of his military experiences in the Civil War, in which he was severely wounded three times. I don't think that the reviews so far on this site do the book justice. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary but by considering their origin and the line of their growth.
The remoter and more general aspects of the law are those which give it universal interest. After graduating from Harvard Law School in 1866, the younger Holmes was admitted to the Massachusetts bar. Holmes's work on the United States Supreme Court -- spanning three decades of decision-making, from 1902 to 1932 -- set the tone for American jurisprudence in the twentieth century. Laws were written and governments established by the victors. A judge was obliged to choose between contending legal arguments, each posed in absolute terms, and the true basis of his decision was sometimes drawn from outside the law, when precedents were lacking or were evenly divided. Holmes accordingly grew up in an atmosphere of intellectual achievement, and early formed the ambition to be a man of letters like Emerson. In his earlier writings he had expressly denied the utilitarian view that law was a set of commands of the sovereign, rules of conduct that became legal duties.
In the relative leisure of winter quarters, Holmes turned to philosophical writing, developing from his combat experience a purely materialist evolutionism. He was, as he always had been, loath to strike down state laws, and he looked no doubt on Alabama's peonage laws with the same objective eyes with which he had viewed New York's maximum hours measure. He entertained the nation with poems, stories, and essays about the city's peculiar ways. The author reminds the reader just enough of how one episode in Holmes's life relates to another. His jurisprudence influenced much subsequent American legal thinking, including judicial consensus supporting regulatory law, and influential schools of , , and. First, this is a biography, and human lives generally, don't generally have theses.
In the book, Holmes set forth his view that the only source of law, properly speaking, was a judicial decision enforced by the state. The Common Law is the only major scholarly work written by a practicing attorney. Her mother, part of the Transcendentalist circle of Ralph Waldo Emerson, was an accomplished poet and her father was a wealthy ophthalmologist. It will be found in considerations of a political or social nature. He was one of only a handful of justices to be known as a scholar; has identified Holmes as the third-most cited American legal scholar of the 20th century. Disclaimer:A copy that has been read, but remains in clean condition. Holmes retired from the court at the age of 90, making him the oldest justice in the Supreme Court's history.
Another reviewer accuses the author of not understanding the concept of standing, although I thought she distinguished it in a passage or two, but I don't remember. Pages still clean and tight. Holmes's correspondence with women in Great Britain and the U. Apparently learning that he was likely to publish this dissent, the Government perhaps alerted by Justice , newly appointed by President abandoned the case, and it was dismissed by the Court. She describes his years as a Boston lawyer and Harvard law professor, and the writing and reception of his seminal book, The Common Law, which catapulted Holmes into the pantheon of America's most creative legal thinkers. That is the English fashion and I think it is civilized. Baker dispels many of the long-held misconceptions about Holmes.
New York: Oxford University Press, 1992. I don't think the accusation of lazy intellectual crutches is fair. The public addresses are Holmes's effort to express his personal philosophy in Emersonian, poetic terms. Holmes practiced and commercial law in Boston for fifteen years. The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. All of the speeches are reproduced in the third volume of The Collected Works of Justice Holmes.