Stock Image

Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon: Aesthetic Dissent and the Common Law

Mendenhall, Allen

1 ratings by Goodreads
ISBN 10: 1611487919 / ISBN 13: 9781611487916
Published by Bucknell University Press
New Condition: New Hardcover
From Kennys Bookstore (Olney, MD, U.S.A.)

AbeBooks Seller Since October 9, 2009 Seller Rating 5-star rating

Quantity Available: 3

Buy New
Price: US$ 85.43 Convert Currency
Shipping: Free Within U.S.A. Destination, rates & speeds
Add to basket

30 Day Return Policy

About this Item

Oliver Wendell Holmes Jr.'s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view. Num Pages: 202 pages, 6 tables. BIC Classification: 1KBB; 2AB; 3JJ; DSA; LAFC; LAZ; LNAA1. Category: (P) Professional & Vocational. Dimension: 161 x 266 x 24. Weight in Grams: 452. . 2016. Hardcover. . . . . Books ship from the US and Ireland. Bookseller Inventory # V9781611487916

Ask Seller a Question

Bibliographic Details

Title: Oliver Wendell Holmes Jr., Pragmatism, and ...

Publisher: Bucknell University Press

Binding: Hardcover

Book Condition: New

About this title

Synopsis:

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.

About the Author:

Allen Mendenhall is associate dean and executive director of the Blackstone & Burke Center for Law & Liberty at Faulkner University Thomas Goode Jones School of Law.

"About this title" may belong to another edition of this title.

Store Description

We carry a comprehensive range of out of print and rare books.

Visit Seller's Storefront

Terms of Sale:

We guarantee the condition of every book as it's described on the Abebooks web
sites. If you're dissatisfied with your purchase (Incorrect Book/Not as
Described/Damaged) or if the order hasn't arrived, you're eligible for a refund
within 30 days of the estimated delivery date. For any queries please use the contact seller link or send an email to books@kennys.ie,

Conor Kenny


Shipping Terms:

All books securely packaged. Some books ship from Ireland.

List this Seller's Books

Payment Methods
accepted by seller

Visa Mastercard American Express