| Oliver Wendell Holmes - 2004 - 370 หน้า
...might be provided by a philosophical system such as utilitarianism or Kantianism. Thus, he continues, "[t]he felt necessities of the time, the prevalent...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... | |
| David Boucher - 2004 - 214 หน้า
...Law there is a saying of Mr Justice Wendell Holmes which is profoundly true: 'The life of the law has not been logic; it has been experience. The felt necessities...time, the prevalent moral and political theories, intentions of public policy, avowed or unconscious, even the prejudices which judges share with their... | |
| David Lebedoff - 2004 - 212 หน้า
...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 - 2004 - 208 หน้า
...Holmes, Jr., a close confidant of William James, had in his groundbreaking Common IMW (1881) asserted that "the life of the law has not been logic; it has been experience. The felt necessities of time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious,... | |
| Lillian Eugenia Smith - 1955 - 162 หน้า
...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... | |
| Geoffrey C. Hazard, Angelo Dondi - 2004 - 380 หน้า
...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 - 2005 - 284 หน้า
...one must add Stone and Pound. Holmes structured the very theory of legal evolution when he observed that: The life of the law has not been logic: it has...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... | |
| Russell B. Goodman - 2005 - 322 หน้า
..."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...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... | |
| Brian Z. Tamanaha - 2006 - 238 หน้า
...depiction of the reality of legal development. Holmes began The Common Law with his famous declaration that "The life of the law has not been logic: it has...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... | |
| O. Oko Elechi - 2006 - 282 หน้า
...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...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... | |
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