The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and Judicial OpinionsTransaction Publishers, 1946 - Počet stran: 474 |
Obsah
| 1 | |
Harvard College in the War 1884 | 17 |
Law as Calling Life as Art | 28 |
George Otis Shattuck | 37 |
Law as Civilization | 44 |
Some Massachusetts Judicial | 90 |
Speaking without a Permit | 106 |
SUPREME COURT JUSTICE | 125 |
Commerce as a Continuum | 231 |
Social Desires and Dr Miless Medicines | 239 |
Free Trade in Industrial Information | 246 |
California 1926 | 252 |
Spiderwebs and Presidential Power | 285 |
Every Idea Is an Incitement | 321 |
Trial by Mob | 342 |
Three Generations of Imbeciles | 356 |
Introductory | 136 |
The Product of Ruined Lives | 165 |
A Dogma among Scrubwomen | 172 |
Where Police Power Ends | 185 |
Pure Usurpation and Subtle Fallacy | 193 |
The Case of the Poisoned Pool | 201 |
Circus Lithographs and Originality | 208 |
Music with Meals | 216 |
Letters | 403 |
Last Words | 450 |
Selected Additional Literature on Holmes | 473 |
Note on the Holmes Literature | 479 |
Note on Acknowledgments | 488 |
Index | 495 |
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The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and ... Oliver Wendell Holmes (Jr.) Zobrazení fragmentů - 1943 |
The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and ... Oliver Wendell Holmes (Jr.) Zobrazení fragmentů - 1943 |
The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and ... Oliver Wendell Holmes (Jr.) Zobrazení fragmentů - 1943 |
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Strana 53 - 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.
Strana 184 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Strana 150 - But a Constitution is not intended to embody a particular economic theory, whether of paternalism, and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking, ought not to conclude our judgment upon the question whether statutes embodying^ them conflict with the Constitution of the United States.
Strana 391 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.
Strana 58 - The first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong.
Strana 212 - That in the construction of this act, the words " Engraving," " cut," and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is...
Strana 84 - For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics. It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Strana 223 - Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.
Strana 202 - The laws of the several states, except where the constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in courts of the United States, in cases where they apply.
Strana 156 - In present conditions a workman not unnaturally may believe that only by belonging to a union can he secure a contract that shall be fair to him. ... If that belief, whether right or wrong, may be held by a reasonable man, it seems to me that it may be enforced by law in order to establish the equality of position between the parties in which liberty of contract begins.