 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
 | Lillian Eugenia Smith - African Americans - 1955 - 162 pages
...been shocking—and impossible. As Chief Justice Oliver Wendell Holmes said, 'The life of the law has not been logic; it has been experience. The felt necessities of the time . . . have had a good deal more to do than the syllogism in determining the rules by which men should... | |
 | Michael J. Klarman - Law - 2004 - 672 pages
...(and more plausible) form, it is reflected in a famous statement by Justice Oliver Wendell Holmes: "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... | |
 | Oliver Wendell Holmes - Law - 2004 - 370 pages
...might be provided by a philosophical system such as utilitarianism or Kantianism. Thus, he continues, "[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... | |
 | David L. Faigman - History - 2004 - 440 pages
...mantra of modern law: "The life of the law has not been logic: it has been experience." He elaborated: 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... | |
 | Geoffrey C. Hazard, Angelo Dondi - Law - 2004 - 380 pages
...memorable dicta about law. In The Common Law, published in 1881, Holmes said: "The life of the law has not been logic: it has been experience. The felt necessities of the times, the prevalent moral and political theories, intuitions of public policy . . . even the prejudices... | |
 | George P. Smith - Law - 2005 - 284 pages
...Holmes structured the very theory of legal evolution when he observed that: 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... | |
 | Russell B. Goodman - Philosophy - 2005 - 322 pages
..."experience" in the opening passage of The Common Law elaborate Holmes' conception of the sources of 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... | |
 | O. Oko Elechi - Law - 2006 - 282 pages
...28). Support for this viewpoint was provided by Holmes (1948): . . . the actual 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... | |
 | Brian Z. Tamanaha - Law - 2006 - 238 pages
...development. Holmes began The Common Law with his famous declaration that "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... | |
 | Richard A. Lanham - Business & Economics - 2006 - 327 pages
...ideal of criticism, as I conceive it, is to use all that is there to use"). 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 that judges share with their... | |
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