The Common Law

"The Common Law" by Oliver Wendell Holmes, Jr. is a legal treatise written in the late 19th century. This comprehensive work explores the development and underlying principles of the common law system, examining how laws have evolved from historical practices to their modern interpretations. The author emphasizes the role of historical context, societal needs, and the evolution of moral and political theories in shaping legal principles, presenting law as a living system interconnected with human experience. At the start of the text, Holmes sets the stage for his examination of the common law by discussing the notion of liability—both civil and criminal—and its historical roots. He outlines how early legal systems were influenced by human emotions, particularly the desire for vengeance, and how this influenced the development of legal principles over centuries. The opening portion delves into the transformation of liability concepts, tracing the progression from barbaric customs rooted in revenge to more nuanced understandings instilled in contemporary legal frameworks. Holmes seeks to illustrate that modern legal doctrines have grown from these early forms, often adapting once-primal impulses into elaborate rules that both reflect and serve the needs of society. (This is an automatically generated summary.)

Oliver Wendell Holmes Jr. was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.