The Common Law — Olıver wendell holmes jr

The Common Law
Olıver wendell holmes jrGece Kitaplığı
The Common Law
Olıver wendell holmes jrOliver Wendell Holmes Jr tarafından kaleme alınan The Common Law Gece Kitaplığı eseri olarak okurlarla buluşuyor The Common Law Oliver Wendell Holmes Jr Kitap Özeti The object of this book is to present a general view of the Common Law To accomplish the task other tools are needed besides logic It is something to show that the consistency of a system requires a particular result but it is not all 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 intuitions of public policy avowed or unconscious even the prejudices which 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 The law embodies the story of a nation s development through many centuries and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics In order to know what it is we must know what it has been and what it tends to become We must alternately consult history and existing theories of legislation But the most difficult labor will be to understand the combination of the two into new products at every stage The substance of the law at any given time pretty nearly corresponds so far as it goes with what is then understood to be convenient but its form and machinery and the degree to which it is able to work out desired results depend very much upon its past In Massachusetts today while on the one hand there are a great many rules which are quite sufficiently accounted for by their manifest good sense on the other there are some which can only be understood by reference to the infancy of procedure among the German tribes or to the social condition of Rome under the Decemvirs Yayınevi Gece Kitaplığı Yazar Oliver Wendell Holmes Jr Sayfa 382 Sayfa Kağıt 2 Hamur Boyut 13 50x21 00 cm Basım Yılı Mart 2018 Barkod 9786052882979 Kategori Yabancı Dilde Kitaplar Hukuk Üzerine

Gece Kitaplığı Yayınları
The object of this book is to present a general view of the Common Law To accomplish the task other tools are needed besides logic It is something to show that the consistency of a system requires a particular result but it is not all 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 intuitions of public policy avowed or unconscious even the prejudices which 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 The law embodies the story of a nation s development through many centuries and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics In order to know what it is we must know what it has been and what it tends to become We must alternately consult history and existing theories of legislation But the most difficult labor will be to understand the combination of the two into new products at every stage The substance of the law at any given time pretty nearly corresponds so far as it goes with what is then understood to be convenient but its form and machinery and the degree to which it is able to work out desired results depend very much upon its past In Massachusetts today while on the one hand there are a great many rules which are quite sufficiently accounted for by their manifest good sense on the other there are some which can only be understood by reference to the infancy of procedure among the German tribes or to the social condition of Rome under the Decemvirs