 The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men,...  The Canadian Law Times - Page 7711914Full view - About this book
 | Michael Meyerson - Mathematics - 2002 - 304 pages
...emphasizing that law is not primarily the creature of axiomatic development, but also incorporates "[t]he felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | Paul O. Carrese - Law - 2010 - 350 pages
..."experience," since "the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the...prejudices which judges share with their fellow men" are more characteristic of law than "the syllogism." This entails that "the substance of the law at... | |
 | Charles E. F. Rickett, Thomas G. W. Telfer - Law - 2003 - 444 pages
...for compromise and degrees of indeterminacy, Justice Holmes recognised that, under the common law, 'the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | Paul O. Carrese - Law - 2010 - 350 pages
...realistic liberation from traditional legal naivete. Law is not about "logic" but "experience," since "the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | Bryan-Paul Frost, Jeffrey Sikkenga - Philosophy - 2003 - 852 pages
..."The life of the law has not been logic: it has been experience." He furthered developed his thesis: "The felt necessities of the time, the prevalent moral and political theories, institutions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | Richard A. Posner - Law - 2009 - 428 pages
...what drives decision for the judge who in good pragmatic fashion places "experience" above "logic": "the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | David Boucher - Philosophy - 2004 - 214 pages
...procedure as that of Chief-Justice Holt in Coggs v. Bernard, of ChiefJustice Pratt in Armory v. Delamirie, and of Lord Mansfield when he defined the count for...even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men... | |
 | Carl J. Richard - History - 2004 - 396 pages
...often be cited for opposing decisions. In The Common Law (1881) Holmes wrote: The life of the law has not been logic; it has been experience. The felt necessities...time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | David Lebedoff - Political Science - 2004 - 212 pages
...faith in the will of the people as the proper fulcrum for our common destiny: The life of the law has not been logic; it has been experience. The felt necessities...time, the prevalent moral and political theories, mtuitions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
 | George Cotkin - History - 2004 - 208 pages
...been experience. The felt necessities of time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the...prejudices which judges share with their fellow men, have a good deal more to do than the syllogism in determining the rules by which men should be governed."12... | |
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