Law Without Values: The Life, Work, and Legacy of Justice Holmes

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University of Chicago Press, 2000 - 325 páginas
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."

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Contenido

Moral Skepticism in TwentiethCentury American Law
1
A PowerFocused Philosophy
14
Would You Have Wanted Justice Holmes as a Friend?
31
The Battlefield Conversion of Oliver Wendell Holmes
41
Holmess Opinions
52
Judging the Common Law
84
The Descending Trail Holmess Path of the Law
132
The Beatification of Oliver Wendell Holmes
181
Ending the Slide from Socrates and Climbing Back
187
Notes
195
Index
307
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Albert W. Alschuler is the Wilson-Dickinson Professor in the University of Chicago Law School. His study of Sir William Blackstone received the 1997 Sutherland Prize of the American Society of Legal Historians.

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