Collected Legal PapersHarcourt, Brace and Company, 1920 - 316 σελίδες Collected speeches and journal articles by Oliver Wendell Holmes. |
Άλλες εκδόσεις - Προβολή όλων
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action agency agent answer assumpsit believe Beseler Bract Bracton called cause Chancery Chief Justice cited command Common Law contract course courts covenant debt defendant defendant's doctrine doubt early early German law Edward III Eliz England English evidence executor express fact feoffee fiction of identity give Glanv ground harm Harvard Law Review ideals important judge judgment jury later law school lawyers Lex Salica liability limits logical malice Mass master and servant means ment mind Montesquieu moral nature negligence notion Parl patria potestas person plaintiff possession practical principles privilege question question of privilege ratification reason referred Rolls Roman law rule seems sense simply statute temporal damage testator theory things thought tion torts trespass true undisclosed principal universe unlawful words wrong
Δημοφιλή αποσπάσματα
Σελίδα 301 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if. we could not make that declaration as to the laws of the several States.
Σελίδα 165 - A servant with this clause Makes drudgery divine : Who sweeps a room, as for thy laws, Makes that, and th
Σελίδα 193 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Σελίδα 113 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Σελίδα 179 - Take the fundamental question, What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or England, that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does...
Σελίδα 177 - If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.
Σελίδα 315 - Still, thro' the rattle, parts of speech were rife: While he could stammer He settled Hoti's business - let it be! Properly based Oun Gave us the doctrine of the enclitic De, Dead from the waist down.
Σελίδα 298 - ... germ of inarticulate truth. The attacks upon the Court are merely an expression of the unrest that seems to wonder vaguely whether law and order pay. When the ignorant are taught to doubt they do not know what they safely may believe. And it seems to me that at this time we need education in the obvious more than investigation of the obscure.
Σελίδα 253 - The rule of joy and the law of duty seem to me all one. I confess that altruistic and cynically selfish talk seem to me about equally unreal. With all humility, I think "Whatsoever thy hand findeth to do, do it with thy might," infinitely more important than the vain attempt to love one's neighbor as one's self. If you want to hit a bird on the wing, you must have all your will in a focus, you must not be thinking about yourself, and, equally, you must not be thinking about your neighbor; you must...