"The Life of the Law Has Not Been Logic..." Holmes, Oliver Wendell, Jr. The Common Law. Originally published: Boston: Little, Brown, and Company, 1881. xvi, 422 pp. Reprinted 2010 by The Lawbook Exchange, Ltd. ISBN-13: 9781584778462 ISBN-10: 1584778466. Paperback. New. $21.95 * This landmark work, which, according to Winfield, "blew fresh air into lawyer's minds encrusted with Blackstone and Kent," was a decisive influence on sociological jurisprudence, legal realism and the general development of American law in the twentieth century. Winfield, Chief Sources of Anglo-American Law 38. Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced in the famous quote at the beginning of Lecture I: "The life of the law has not been logic: it has been experience" (1). A legendary figure in American law, Holmes [1841-1935] was Associate Justice of the U.S. Supreme Court from 1902-1932 and Chief Justice of the Massachusetts Supreme Judicial Court from 1899-1902.
Book number 51820