Download Justice Holmes, Natural Law and the Supreme Court by Francis Biddle PDF

By Francis Biddle

The Oliver Wendell Holmes Devise Lecture for 1960

Show description

Read or Download Justice Holmes, Natural Law and the Supreme Court PDF

Best legal theory & systems books

Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations

This booklet brings jointly the subjects of gender, sexuality, violence and corporations. The authors synthesize the literature and examine which has been performed in those fields and supply a coherent framework for figuring out the inter-relationship among those options. the significance of violence and abuse, and especially men's violence to ladies, youngsters and different males has been good demonstrated, specially via feminist and a few pro-feminist learn.

The Measure of Injury: Race, Gender, and Tort Law

Tort legislation is the physique of legislations governing negligence, intentional misconduct, and different wrongful acts for which civil activities will be introduced. the normal knowledge is that the foundations, suggestions, and constructions of tort legislation are impartial and independent, freed from concerns of gender and race. within the degree of harm, Martha Chamallas and Jennifer Wriggins turn out that tort legislations is whatever yet gender and race impartial.

Hobbes and the Law

Hobbes's political concept provokes a perennial fascination. It has develop into rather sought after in recent times, with the surge of scholarly curiosity evidenced by way of a few monographs in political concept and philosophy. while, there was a flip in criminal scholarship in the direction of political thought in a fashion that engages recognisably Hobbesian issues, for instance the connection among safeguard and liberty.

Additional info for Justice Holmes, Natural Law and the Supreme Court

Sample text

Feeley and Rubin, Judicial Policy Making, at 205–206. 8 THE JUDICIAL PROCESS conducive to sound judicial reasoning. Indeed, there is no logical reason to believe that policy-making without an underlying conception of the judicial role will be other than random, incoherent or irrelevant. Nor, without a basic understanding of legal theory, will the judges be able to enter into any sensible discourse about judicial policy-making. Discourse will also proceed among legal theorists and academics without the benefit of the direct experience that judges can provide.

As such, its justification is to be found in the manner and extent to which the law meets those needs and expectations. Central to this quest are justice and contemporaneity. The needs and expectations of society will not be INTRODUCTION 15 met unless the law is just and the courts administer justice, and the law is responsive to the ever-changing requirements of the times. Justice and relevance are the leitmotifs of this work. In Chapter 3, I examine the consequences of residual formalism and the preconceptions it engenders.

Principles provide the law or legal process with cohesion and continuity. They become the means by which a mass of disparate and at times conflicting considerations are hobbled into a coherent whole. In Chapter 14, entitled ‘Taking Law Seriously’, the difference that greater judicial familiarity with legal theory and the development of a comprehensive conception of the judicial role would make in practice is explored. I point out the respects in which this development would make overt much that is now being done covertly by the judiciary.

Download PDF sample

Rated 4.88 of 5 – based on 24 votes