10-14-08 - WEEK FOUR INTRO TO LAWSO 1(Oliver Wendell Holmes...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
WEEK FOUR, INTRO TO LAWSO 1 – 10/14/08 (Oliver Wendell Holmes, Karl Llewellyn, Martin Luther King) Oliver Wendell Holmes, “The Path of Law” (1897) : The Purpose of the Law : to maintain order while enabling change. Objective of the Legal Profession : to predict what courts will do, and advise their clients accordingly. Principles : o There is a difference between “law” and “morality”. o To understand what constitutes the law is to prophesize what courts will do. o Legal duty is a prediction that if someone does/doesn’t do something, he will be made to suffer a consequence by judgment of a court The “Bad Man” Helps Us Understand the Law : Law v. Morality : The bad man might be immoral, but he has as much reason as the good man to fear the law. Obedience : the bad man will obey the law for fear of punishment Holmes’ Critique of Legal Realism ; (Classical legal consciousness, moving toward legal realism) Law is not like math : it doesn’t follow (only) predictable and permanent rules. “Knowing law requires more than logic : it requires understanding and taking advantage of “habits of the public mind” which can change Stability and Change : “the rational study of law is still to a large extent the study of history” but it is important to move toward a “deliberate reconsideration of the worth of those [historical] rules (p. 55).
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/16/2009 for the course LAWSO 1 taught by Professor Spearit during the Fall '07 term at UCSB.

Page1 / 3

10-14-08 - WEEK FOUR INTRO TO LAWSO 1(Oliver Wendell Holmes...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online