Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-02T21:03:53.823Z Has data issue: false hasContentIssue false

Part II - The Inner Path of the Common Law

Published online by Cambridge University Press:  23 January 2021

Alexander Lian
Affiliation:
Alexander Lian
Get access

Summary

To complement the static analysis of duty in Part I, Part II looks at the law’s leading query,“what is (the) law?” by focusing on its dynamic elements. Instead of simply mapping the law through categories, Holmes sought to develop a positioning system that took into account law’s flux. Part II expounds the central theses of The Common Law and brings to the fore the leading conceptions Holmes used to develop his notion of external standards – apperception and triangulation. It looks at how Holmes traced the development of liability from its primitive origins in revenge. Holmes sought to visualize the law’s movement through such artistic techniques as linear perspective and the creation of vanishing points. Holmes’s efforts to introduce dimensionality into law led him to emphasize the notion of the“purely legal point of view.”

Type
Chapter
Information
Stereoscopic Law
Oliver Wendell Holmes and Legal Education
, pp. 47 - 90
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×