The Common Law
E103576
The Common Law is a foundational 1881 legal treatise by Oliver Wendell Holmes Jr. that profoundly shaped American legal realism and modern understandings of judge-made law.
All labels observed (1)
| Label | Occurrences |
|---|---|
| The Common Law canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T881415 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: The Common Law Context triple: [Oliver Wendell Holmes Jr., notableWork, The Common Law]
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A.
The Growth of the Law
The Growth of the Law is a seminal legal treatise by Benjamin N. Cardozo that explores how judicial decision-making and evolving social needs shape the development of common law.
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B.
Article XXXVII Of the Civil Magistrates
Article XXXVII Of the Civil Magistrates is a doctrinal statement within the Church of England’s Thirty-Nine Articles that outlines the proper authority and role of secular rulers in relation to the church and matters of faith.
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C.
Judicature Acts
The Judicature Acts were a series of 19th-century reforms that reorganized the English court system by merging common law and equity courts into a unified Supreme Court of Judicature.
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D.
Common law of New South Wales
The Common law of New South Wales is the body of judge-made legal principles and precedents that underpins and guides the operation of the state’s legal system alongside statute law.
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E.
In Chancery
"In Chancery" is a novel by John Galsworthy, part of his acclaimed Forsyte Saga, exploring the complexities of marriage, divorce, and social convention in upper-middle-class Edwardian England.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: The Common Law Target entity description: The Common Law is a foundational 1881 legal treatise by Oliver Wendell Holmes Jr. that profoundly shaped American legal realism and modern understandings of judge-made law.
-
A.
The Growth of the Law
The Growth of the Law is a seminal legal treatise by Benjamin N. Cardozo that explores how judicial decision-making and evolving social needs shape the development of common law.
-
B.
Article XXXVII Of the Civil Magistrates
Article XXXVII Of the Civil Magistrates is a doctrinal statement within the Church of England’s Thirty-Nine Articles that outlines the proper authority and role of secular rulers in relation to the church and matters of faith.
-
C.
Judicature Acts
The Judicature Acts were a series of 19th-century reforms that reorganized the English court system by merging common law and equity courts into a unified Supreme Court of Judicature.
-
D.
Common law of New South Wales
The Common law of New South Wales is the body of judge-made legal principles and precedents that underpins and guides the operation of the state’s legal system alongside statute law.
-
E.
In Chancery
"In Chancery" is a novel by John Galsworthy, part of his acclaimed Forsyte Saga, exploring the complexities of marriage, divorce, and social convention in upper-middle-class Edwardian England.
- F. None of above. chosen
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
book
ⓘ
legal treatise ⓘ |
| argues |
law develops historically through judicial decisions rather than purely through abstract logic
ⓘ
legal rules evolve from the felt necessities of the time, prevalent moral and political theories, and intuitions of public policy ⓘ |
| author | Oliver Wendell Holmes Jr. ⓘ |
| basedOn | lectures delivered by Oliver Wendell Holmes Jr. at the Lowell Institute ⓘ |
| centralThesis | the life of the law has not been logic; it has been experience ⓘ |
| contributesTo |
foundations of American legal realism
ⓘ
modern analytic approaches to case law ⓘ |
| countryOfOrigin |
United States of America
ⓘ
surface form:
United States
|
| discusses |
contracts
ⓘ
criminal law ⓘ evolution of legal doctrines from primitive forms to modern law ⓘ liability and fault ⓘ objective standard of the reasonable person ⓘ property law ⓘ torts ⓘ |
| emphasizes |
the historical development of legal doctrines
ⓘ
the predictive theory of law as a prophecy of what courts will do ⓘ the role of judges in making and shaping law ⓘ |
| focusesOnJurisdiction |
English law
ⓘ
surface form:
Anglo-American law
|
| genre | non-fiction ⓘ |
| hasEdition | multiple later editions and reprints ⓘ |
| hasInfluenced |
legal realism
ⓘ
surface form:
American legal realism
modern understandings of judge-made law ⓘ |
| hasLegacy | remains a standard reference in discussions of common law methodology ⓘ |
| hasReception |
considered a classic of American legal scholarship
ⓘ
influential in the development of 20th-century jurisprudence ⓘ widely cited in American legal education ⓘ |
| influencedBy |
English common law tradition
ⓘ
historical school of jurisprudence ⓘ |
| keyConcept |
distinction between morality and law
ⓘ
fault as a basis of liability in tort ⓘ historical method in legal analysis ⓘ law as prediction of what courts will do in fact ⓘ objective theory of contract ⓘ |
| language | English ⓘ |
| legalSystemDiscussed | common law legal system ⓘ |
| libraryOfCongressClassification | KF213 .H6 ⓘ |
| notableQuote | The life of the law has not been logic; it has been experience. ⓘ |
| publicationYear | 1881 ⓘ |
| publisher | Little, Brown and Company ⓘ |
| structure | collection of lectures ⓘ |
| subject |
United States law
ⓘ
surface form:
American law
common law ⓘ judge-made law ⓘ jurisprudence ⓘ legal realism ⓘ legal theory ⓘ |
How these facts were elicited
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Subject: The Common Law Description of subject: The Common Law is a foundational 1881 legal treatise by Oliver Wendell Holmes Jr. that profoundly shaped American legal realism and modern understandings of judge-made law.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.