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.

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The Common Law canonical 1

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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

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Full triples — surface form annotated when it differs from this entity's canonical label.

Oliver Wendell Holmes Jr. notableWork The Common Law