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Holmes\u27 Common Law as Legal and Social Science

By Robert W. Gordon


\u22My notion in writing these articles,\u22 Holmes told a friend, speaking of the American Law Review pieces on which he later based his lectures on The Common Law, \u22is to take up from time to time the cardinal principles and conceptions of the law and make a new and more fundamental analysis of them - For the purpose of constructing a new Jurisprudence, or New First Book of the law.\u22 Holmes\u27 declaration of intent makes explicit what it is hard for a reader of The Common Law to doubt: The work is primarily one of legal theory with excursions into legal history to support the theory. Thus it is as a work of theory and not of history that The Common Law must be assessed

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1982
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