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Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon

- Aesthetic Dissent and the Common Law
Af: Allen Mendenhall Engelsk Paperback

Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon

- Aesthetic Dissent and the Common Law
Af: Allen Mendenhall Engelsk Paperback
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This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes’s literary style mimics and enacts two characteristics of Ralph Waldo Emerson’s thought: “superfluity” and the “poetics of transition,” concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes’s dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the “canon” of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.
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This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes’s literary style mimics and enacts two characteristics of Ralph Waldo Emerson’s thought: “superfluity” and the “poetics of transition,” concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes’s dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the “canon” of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.
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Produktdetaljer
Sprog: Engelsk
Sider: 202
ISBN-13: 9781611487930
Indbinding: Paperback
Udgave:
ISBN-10: 1611487935
Kategori: Retsvæsen: dømmende magt
Udg. Dato: 17 apr 2018
Længde: 29mm
Bredde: 229mm
Højde: 154mm
Forlag: Bucknell University Press
Oplagsdato: 17 apr 2018
Forfatter(e): Allen Mendenhall
Forfatter(e) Allen Mendenhall

Kategori Retsvæsen: dømmende magt

ISBN-13 9781611487930

Sprog Engelsk

Indbinding Paperback

Sider 202

Udgave

Længde 29mm

Bredde 229mm

Højde 154mm

Udg. Dato 17 apr 2018

Oplagsdato 17 apr 2018

Forlag Bucknell University Press

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