Oliver Wendell Holmes Jr. – författare

The Common Law is Oliver Wendell Holmes'' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining society''s current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes'' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.

The Common Law is Oliver Wendell Holmes'' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining society''s current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes'' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.

Oliver Wendell Holmes, Jr., is considered one of the greatest justices of the United States Supreme Court and profoundly influenced American jurisprudence, especially in the areas of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.

In The Common Law, derived from a series of lectures given at the Lowell Institute in Boston, he systematized his early legal doctrines, creating an enduring classic of legal philosophy that continues to be read and consulted today. Beginning with historical forms of liability, it goes on to discuss criminal law, torts, bail, possession and ownership, contracts, successions, and many other aspects of civil and criminal law. This is a lucid, accessible, and continually relevant sourcebook for students and laymen alike.