Đang chuẩn bị liên kết để tải về tài liệu:
Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P56

Gale Encyclopedia of American Law Volume 13 P56 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. | REFLECTIONS ON LAW AND SOCIETY Legal Scholarship The Path of the Law Oliver Wendell Holmes Jr. 1897 Oliver wendell holmes jr. is one of the most celebrated legal figures in U.S. history. His writings on jurisprudence have shaped discussions on the nature of law and his court opinions have been studied as much for their style as their intellectual content. Holmes rejected the idea that law could be studied as a science. He also emphatically dismissed Langdell s belief that legal systems obey rules of logic. While his book The Common Law 1881 is a scholarly tour de force his 1897 essay The Path of the Law has proved to be one of the most influential works in legal theory. in the essay Holmes builds on the themes of The Common Law which included his disassociation of law from morality and his emphasis on policy over logic. He went on to define the law as a prediction of what the courts would do in a particular situation. He proposed a bad man theory of justice a bad man will want to know only what the material consequences of his conduct will be he will not be motivated by morality or conscience. Holmes s jurisprudence led to the conclusion that judges make decisions first and then come up with reasons to explain them. His approach which has been characterized as cynical touched a nerve with succeeding generations of legal scholars. k The Path of the Law When we study law we are not studying a mystery but a well known profession. We are studying what we shall want in order to appear before judges or to advise people in such a way as to keep them out of court. The reason why it is a profession why people will pay lawyers to argue for them or to advise them is that in societies like ours the command of the public force is intrusted to the judges in certain cases and the whole power of the state will be put forth if necessary to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is