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The Common Law, by Oliver Wendell Holmes
Get Free Ebook The Common Law, by Oliver Wendell Holmes
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- Published on: 2010
- Binding: Leather Bound
Most helpful customer reviews
9 of 10 people found the following review helpful.
Much mentioned; seldom read
By Ronald H. Clark
This is a new edition of the Harvard version of Justice Holmes' classic "The Common Law." It supercedes an earlier HUP edition published in 1963 which was edited by the esteemed Holmes scholar, Mark DeWolfe Howe. The original and continuing publisher of the official version of the book (first published in 1881) is Little, Brown. This edition is edited and has a fine brief introduction by Ted White, the current leading Holmes scholar, who teaches at the law school of the University of Virginia, and has written (among other books on the Justice) "Justice Olilver Wendell Holmes: Law and the Inner Self," certainly our finest and most interesting biography of the Justice.
Like its predecessor HUP volume, this edition contains the important marginal notes that Holmes entered into his own copy of the book (now in the HLS library), which do not appear in the official Little, Brown editions. Also included is Howe's "Glossary of Legal Terms." Professor White has added an illuminating chronology of the Justice's life, a helpful short bibliography, as well as his perceptive 26-page introduction. The typography is far superior to the earlier HUP edition. The only problem I can recount is that this edition (as was the case with Howe's edition) does not contain facsimile pages, so that the reset pages do not match the Little, Brown page numbers. Almost all citations to the book found in the literature cite to the Little, Brown version--so this is somewhat a disadvantage.
Unfortunately, not even Professor White's additions can make this an easy and readable book. I venture to suggest that very few of those who call themselves students of Holmes (including myself) have read much of the book. Moreover, having been published in 1881, it was long ago subplanted by more recent research in the field. Nonetheless, as White points out in his introduction, there are nuggets here for those interested in Holmes' view of the law, which in large measure sparked a few legal revolutions, including sociological jurisprudence and legal realism to name just two. This new edition makes this classic available in a reasonably-priced and pleasant format for those with the endurance to read it.
3 of 3 people found the following review helpful.
Valuable analysis still of our legal system
By John P. Flannery
Holmes set out to explain from whence our American system of law arrived in it's present form in a series of lectures that may best be understood after practicing law but are accessible to any one who takes the time to read carefully what Holmes leaned by looking back. Holmes did the hard work with his research and has a gorgeous writing style.
0 of 0 people found the following review helpful.
Required reading (listening) for an understanding of our basic system of laws
By billdalton
Justice Holmes research and writing are impeccable and interesting. I read this 30 years ago and recently listened to the audible book, The "common law" is the basic theory of laws that forms the basis of the system of justice in those countries and states settled by English speaking people. Parts of it apply to much of the rest of the world. This book is an explanation of how and why the system evolved into our present justice system. The reader does an excellent job and I recommend this book without reservation. It is most interesting and should be required reading in high school or college.
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