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Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P55
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Gale Encyclopedia of American Law Volume 13 P55 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 526 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS program professors called on students in class asked them to present their analysis and challenged their presentation. Langdell also embraced the nineteenth century s belief in progress and in the superiority of scientific inquiry. Langdell s conclusion that the law could be a science became a tenet of legal scholarship but he was eventually challenged by Oliver Wendell Holmes Jr. Holmes a professor and scholar before serving on the Supreme Judicial Court of Massachusetts and the U.S. Supreme Court rejected the assumption that law was a science or a logical system. Holmes wrote a set of legal essays that was published in 1881 as The Common Law. In this volume which is the most renowned work of legal philosophy in U.S. history Holmes systematically analyzed classified and explained various aspects of U.S. common law ranging from torts to contracts to crime and punishment. He concluded that 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. By the beginning of the twentieth century the United States had become an industrialized urban nation. Some lawyers and legal scholars attempted to inject new ideas and information into the law in hopes of overturning stubbornly held doctrines and restoring public confidence in a legal system that appeared to be unprepared to face the realities of the new century. Famed lawyer and later Supreme Court justice Louis D. Brandeis revolutionized the law by submitting what has come to be known as the Brandeis brief in Muller v. Oregon 208 U.S. 412 28 S. Ct. 324 52 L. Ed. 551 1908 . The brief contained sociological information on the health and well-being of women that Brandeis .