Artículos relacionados a Law Without Values: The Life, Work, and Legacy of Justice...

Law Without Values: The Life, Work, and Legacy of Justice Holmes - Tapa blanda

Alschuler, Albert W.

 
9780226015217: Law Without Values: The Life, Work, and Legacy of Justice Holmes
Tapa blanda
ISBN 10: 0226015211 ISBN 13: 9780226015217
Editorial: University of Chicago Press, 2002

Sinopsis

In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."

"Sinopsis" puede pertenecer a otra edición de este libro.

Acerca del autor

Albert W. Alschuler is the Wilson-Dickinson Professor in the University of Chicago Law School. His study of Sir William Blackstone received the 1997 Sutherland Prize of the American Society of Legal Historians.

De la contraportada

In recent decades, Oliver Wendell Homes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." In Law without Values, Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came "devilish near to believing htat might makes right."

Alschuler begins by examinging Holmes's power-focused philosophy and then turns to Holmes the person, describing how the horrors he expereinced in the Civil War would transform his outlook into one of moral skepticism and profoundly color his decisions, both personal and legal. Thus skepticism, Alschuler argues, was at the root of his personal indifference to others, his romanticization of war and struggle, his persistent efforts to substitute powe metaphors for judgments of right and wrong, and his "bad man" concept of law. His pernicious leacy, according to Alschuler, is evident in twentieth-century legal thought, whether one takes an economic or a critical legal approach. Contrary to the perception of many modern lawyers and scholars, Holmes's legacy was not a "revolt against formalism" or against a priori reasoning; it was a revolt against the objective concepts of right and wrong--against values.

Alschuler's thoroughgoing, no-holds-barred debunking of Holmes, together with his scathing critique of contemporary legal scholarship, will be a lightning rod for discussion and debate.

De la solapa interior

In recent decades, Oliver Wendell Homes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." In Law without Values, Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came "devilish near to believing htat might makes right."

Alschuler begins by examinging Holmes's power-focused philosophy and then turns to Holmes the person, describing how the horrors he expereinced in the Civil War would transform his outlook into one of moral skepticism and profoundly color his decisions, both personal and legal. Thus skepticism, Alschuler argues, was at the root of his personal indifference to others, his romanticization of war and struggle, his persistent efforts to substitute powe metaphors for judgments of right and wrong, and his "bad man" concept of law. His pernicious leacy, according to Alschuler, is evident in twentieth-century legal thought, whether one takes an economic or a critical legal approach. Contrary to the perception of many modern lawyers and scholars, Holmes's legacy was not a "revolt against formalism" or against a priori reasoning; it was a revolt against the objective concepts of right and wrong&;against values.

Alschuler's thoroughgoing, no-holds-barred debunking of Holmes, together with his scathing critique of contemporary legal scholarship, will be a lightning rod for discussion and debate.

"Sobre este título" puede pertenecer a otra edición de este libro.

Editorial
University of Chicago Press
Año de publicación
2002
Idioma
Inglés
ISBN 10 
0226015211
ISBN 13 
9780226015217
Encuadernación
Tapa blanda
Número de páginas
335
Contacto del fabricante
no disponible
Persona responsable
Wiley-VCH GmbH
product_safety@wiley.com

Boschstrasse 12
Weinheim
Alemania