Oliver Wendell Holmes, Jr. Legal Theory, and Judicial Restraint
By (author) Frederic R. Kellogg
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Oliver Wendell Holmes, Jr. Legal Theory, and Judicial Restraint by Frederic R. Kellogg
Book DescriptionOliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
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Book DetailsISBN: 9780521866507
(228mm x 152mm x 14mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 11-Dec-2006
Country of Publication: United Kingdom
Books By Author Frederic R. Kellogg
Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint, Paperback (June 2011)» View all books by Frederic R. Kellogg
In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career.
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Author Biography - Frederic R. Kellogg
Frederic R. Kellogg is a scholar of jurisprudence and has been Visiting Scholar in the Department of Philosophy at the George Washington University, Senior Fulbright Fellow at the University of Warsaw, and Visiting Professor at Moscow State University. He is the author of The Formative Essays of Justice Holmes: The Making of an American Legal Philosophy, as well as numerous articles on legal philosophy and jurisprudence.
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