...the consistency of a system requires a particular result, but it is not all. 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 whichjudges share with their...

...quite so well known is that Holmes went on to assign the sense of justice a prominent place in that "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...

...Supreme Court Justice Oliver Wendell Holmes in his book The Common Law (1881): "The life of the law has not been logic; it has been experience. The felt necessities of the time are the sources of law" (p. 1). When Holmes spoke for the majority of the Supreme Court in 1927 and...

...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...

...Common Law that the "life of the law has not been logic; it has been experience." He asserted that 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...

...wrote, decades earlier, that "the life of the law has not been logic [but] experience," explaining that "the felt necessities of the time, the prevalent moral and political theories," and "even the prejudices which judges share with their fellow-men" have had "a good deal more to do...

...memorable manifesto against the rigidity of legal formalism. "The life of the law," he announced, "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...

...(1881), he placed legal history and theory at the service of present needs: The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent political and moral theories, intuitions of public policy, avowed or unconscious, even the prejudices...

...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, have had a good deal more to do than the syllogism in determining the rules by which men...

...actually remains at least partially effective in the twenty-first century: "The life of the law has not been logic; it has been experience. The felt necessities of the 100. See MOOREHEAD, BERTRAND RUSSELL, A LIFE (1993). 101. Lincoln's 1 838 address to the Young Men's...