Oliver Wendell-HolmesBy: Connor O’B, Isabella D, and Logan J

Early Life

Oliver Wendell-Holmes Jr was born on March 8th, 1841 in Boston Massachusetts. He is the son of father, Oliver Wendell-Holmes Sr, A writer and physician, and mother, Amelia Lee Jackson, an abolitionist.

Early Life (cont…)

-Fought on the union side in the American Civil war for 3 years (1861-1863).-Oliver Wendell Holmes attended Harvard Law School (1864). He completed his studies after 2 years(1866), passed his bar in the following year, and he began working as a lawyer.-Wrote numerous articles and essays on the law; editor of “American Law Review.” (1870-1873)-Taught as a professor for one semester at Harvard. (1882)

Early Life (cont…)

-In 1881 he published “the Common Law,” it was a collection of his lectures and essays.-Massachusetts Supreme Court (1883).-Court’s Chief Justice (1899)-Theodore Roosevelt appointed Holmes to the U.S supreme court (1902). He was known as “The Great Dissenter.” Considered an expert on the common law.-He retired in 1932 when he was 91 years old.

Legal Realism

A perspective that legal rules are to benefit the larger society and public policy based on judicial decisions, neither dogma or supernatural authority applies. A court is expected to determine ‘legal rights’ and ‘legal duties’. In the extreme, a judge considering rights on accused, is in fact deciding what rights this judge is going to let the accused have. It is an absurdity, where the law is not applied.

O.W.H. Philosophy

Justice: Oliver Wendell-Holmes would define “justice” as what sits right with himself morally as opposed to the theoretical law. “The life of law has not been logic; it has been experience.” - O.W.H

Who should the law protect?

Scenario: man kills wife because he is tired of her nagging. VS. man kills wife because she is abusive and threatens him with gun.

the law should protect the truly innocent person.

Who should obey laws?

Applying the Legal Realism theory everyone should obey laws.

Category of Philosophy?

Positive Law!!!: exists to maintain peace and order

and control the greed, fear, and violence that are part of human nature.

this being Legal Realism is a look at Common Law, which is a form of positive law.

Applying Oliver Wendell-Holmes’ Theory

Legal Realism is still very important in todays society. Common law is based on a judge's interpretation and application of the law as opposed to following statute law.

Strengths VS Weaknesses

Strength…Keeps justice truly fair.

Weaknesses…Good lawyers could find a way out.Biased judges.

Stick the Mustache on Oliver!

Oliver Wendell Holmes position on human rights.

“ i have no respect for the passion of equality, which seems to me merely idealizing envy… i don’t disparage envy but i don’t accept it as legitimately my master” -O.W.H. From this quotation we can make the assumption that oliver wendell holmes stood on the other side of the fence of equality within human rights. Considering that when Oliver Wendell Holmes was around there wasn’t exactly such thing as human rights as opposed to male white rights applying his theory to todays society on human rights, he would be for it seeing as how each individual judge would have there own turn on human rights.

Did Oliver Wendell Holmes support civil disobedience? No he does not support civil disobedience.

-he believes taxes are the price we pay for civilization.

-he agrees with all the rules and laws that are put in place, he believes that they were put there for

good reasons.

-"i like to pay taxes. with them i buy civilization"

-he believes that law should be logical

-" the life of the law has not been logic: it has been experience. the felt necessities of the time, the

prevalent moral and political theories, intuition of public policy,avowed judges share with their fellow-

men, have had a good deal more to do than the syllogism in determining the rules by which men

should be governed"

-they were making law based on experience not on the logic of law. they were also basing it on what

was happening during that time/era

The End