TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P32

Gale Encyclopedia of American Law Volume 5 P32 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 298 HOLMES OLIVER WENDELL JR. If there is any PRINCIPLE OF OUR Constitution that MORE IMPERATIVELY CALLS FOR ATTACHMENT THAN ANY OTHER IT IS THE PRINCIPLE OF FREE THOUGHT NOT FREE THOUGHT FOR THOSE WHO AGREE WITH US BUT FOR THE THOUGHT THAT WE HATE. Oliver Wendell Holmes Jr. contract. Advanced societies Holmes noticed no longer settle contractual disputes in such a barbaric fashion. These societies have evolved to the point where liability is now premised on objective and external standards that separate moral responsibility from legal obligation and wholly eliminate concerns regarding the actual guilt of the wrongdoer. Holmes noted that common-law principles require judges and juries to interpret contractual relations from the perspective of an average person with ordinary intelligence regardless of how a particular agreement may have actually been understood or performed by the parties themselves. The importance of The Common Law rests in its rejection of the idea that law is a logical system and that legal systems obey the rules of logic. In his most famous quotation Holmes concluded 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 have had a good deal more to do than the syllogism in determining the rules by which men should be governed. Holmes s jurisprudence led to the conclusion that judges first make decisions and then come up with reasons to explain them. His approach which has been characterized as cynical touched a nerve with succeeding generations of legal scholars. He had a profound effect on the development of sociological jurisprudence and legal realism. Sociological jurisprudence and legal realism were twentieth-century schools of thought that emphasized the need to examine social economic and political forces rather than confine the study of law to .

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