The Common Law - Essay Example

The opening paragraph from “The Common Law” primarily expresses the sentimental appeal of Justice Holmes regarding how the law should be discerned through its genuine substance. Holmes necessitates having to abolish the impression that law bears no compassion or flexible sense perception as it appears to be ‘all mind’ or cognitive work that establishes rigidity with ethics to draw obedience from its subjects. While the majority of American citizens at the time possessed a comprehension that law embraces merely a bulk of moral standards via tedious processes of legislation or philosophical concepts and methods with deductive reasoning, Holmes desired to prove otherwise. He meant to convey that what has been formed by the institution of lawmakers is an embodiment of the prevailing affair with times across a general culture of the nation in association with legal theories with which people have sought political involvement depending on the relevance and impact lawful matters create upon their lives.
Which, if any, of the schools of jurisprudence we have discussed is most similar to the view expressed by Holmes? Why? Read More