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1 results

  • Part I - Law and the Legal Profession

  • Alexander Lian
  • Book:
    Stereoscopic Law
    Published online:
    23 January 2021
    Print publication:
    03 December 2020, pp 15-46

  • Summary

    Using Brian Simpson’s Invitation to Law as an opening, Part I explores that basic idea that law is for lawyers. Law requires study, training, and reflection. Its development cannot rest on intuition alone. The paradigmatic double-sided question for professional growth is,“what is (the) law?” Taking this question as law’s leading query, this part explores the beginnings of Holmes’s jurisprudence and his early efforts to map the common law. It looks closely at Holmes’s understanding of a legal duty and a legal penalty and how he reshaped the Austinian heritage to develop his own notion of a jurisprudential boundary.