Oliver Wendell Holmes, Jr. Criticism
Oliver Wendell Holmes Jr. (1841-1935), an eminent American jurist, served on the United States Supreme Court from 1902 to 1932, a period marked by significant social and legal transitions. Known as the "Great Dissenter," Holmes frequently challenged the majority opinions of his peers with his progressive perspectives on constitutional issues. Born into a distinguished Boston family with strong intellectual and political roots, Holmes was deeply influenced by his experiences in the Civil War, which he later chronicled in Touched with Fire. These experiences shaped his pragmatic approach to law, which he articulated in his influential work, The Common Law, arguing that legal decisions should be grounded in practical and evolving societal needs, rather than abstract principles.
Holmes's judicial philosophy emphasized empirical reasoning and the adaptability of law, a view expounded in his famous dictum in Schenck vs. U.S., advocating for free speech unless it posed a "clear and present danger," a concept later misapplied during the Cold War. Throughout his career, he maintained a commitment to civil liberties despite accusations of utilitarianism, as discussed by Irving Bernstein. Critics like H. L. Mencken argued against Holmes's liberal reputation, viewing his views as cynically detached rather than politically progressive.
Holmes's legacy is marked by his nuanced understanding of the law’s role in society and his contributions to American legal thought, as highlighted in The Integrity of Holmes' Jurisprudence. Despite varied receptions, his work remains a foundational text for understanding the interplay between law and evolving social dynamics.
Contents
- Principal Works
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Essays
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The Path of the Law
(summary)
In the following essay, originally published in 1896 in the Harvard Law Review, Holmes details his belief that legal considerations should rely on empiricism and reason rather than traditional absolutes.
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Mr. Justice Holmes
(summary)
In the following review of The Dissenting Opinions of Mr. Justice Holmes, originally published in the American Mercury in May 1930, Mencken pronounces Holmes's decisions "interesting as literature" because of his "easy-going cynicism," but argues against the widely-held notion that Holmes was a political liberal defending freedom.
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Property and Society
(summary)
In the following essay, Frankfurter discusses Holmes's views on constitutional property rights issues.
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The Elusiveness of Mr. Justice Holmes
(summary)
In the following essay, Boorstin examines Holmes's social philosophy outside of the constitutional issues he decided professionally.
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Holmes's Appointment to the U. S. Supreme Court
(summary)
In the following essay, Garraty traces the personal and political considerations of Holmes's appointment to the Supreme Court.
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The Conservative Mr. Justice Holmes
(summary)
In the following essay, Bernstein argues that Holmes's social and political philosophy were not ideologically liberal, but that Holmes was actually a classical conservative.
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The Positivism of Mr. Justice Holmes
(summary)
In the following essay, Howe examines Holmes's posthumous reputation.
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The American as Skeptic: Oliver Wendell Holmes (1841-1935)
(summary)
In the following essay, Padover discusses Holmes's role on the Supreme Court as a pragmatic dissenter.
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The Attacks on Justice Holmes
(summary)
In the following essay, Biddle discusses the reaction of many priests at Jesuit law schools against Holmes after Holmes's letters were published posthumously.
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Justice Oliver Wendell Holmes
(summary)
In the following essay, Wilson provides a biographical sketch of Holmes.
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The Rise and Fall of Justice Holmes
(summary)
In the following essay, White follows Holmes's image in America, from his extreme popularity to the later disillusionment about his ideals widely adopted after his death.
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The Integrity of Holmes' Jurisprudence
(summary)
In the following essay, White traces the concurrence of the tenures of Justices Holmes and Louis Brandeis with the rise of modern judicial liberalism.
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The Long Life and Broad Mind of Mr. Justice Holmes
(summary)
In the following essay, Auchincloss provides an overview of Holmes's life and career.
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Understanding The Common Law
(summary)
In the following essay, Burton outlines Holmes's major points in The Common Law, discussing his objective, methodology, and purpose in understanding the law, while offering caveats about historical assumptions.
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The Shaping of Wendell Holmes
(summary)
In the following essay, Burton recounts major influences on Holmes's thinking and surveys his early writings.
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The Integrity of Holmes' Jurisprudence
(summary)
In the following essay, White addresses apparent contradictions in Holmes's judicial actions and writings.
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The Path of the Law
(summary)
- Further Reading