The Common Law

E103576

The Common Law is a foundational 1881 legal treatise by Oliver Wendell Holmes Jr. that profoundly shaped American legal realism and modern understandings of judge-made law.

All labels observed (1)

Label Occurrences
The Common Law canonical 1

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf book ⓘ
legal treatise ⓘ
argues law develops historically through judicial decisions rather than purely through abstract logic ⓘ
legal rules evolve from the felt necessities of the time, prevalent moral and political theories, and intuitions of public policy ⓘ
author Oliver Wendell Holmes Jr. ⓘ
basedOn lectures delivered by Oliver Wendell Holmes Jr. at the Lowell Institute ⓘ
centralThesis the life of the law has not been logic; it has been experience ⓘ
contributesTo foundations of American legal realism ⓘ
modern analytic approaches to case law ⓘ
countryOfOrigin United States ⓘ
discusses contracts ⓘ
criminal law ⓘ
evolution of legal doctrines from primitive forms to modern law ⓘ
liability and fault ⓘ
objective standard of the reasonable person ⓘ
property law ⓘ
torts ⓘ
emphasizes the historical development of legal doctrines ⓘ
the predictive theory of law as a prophecy of what courts will do ⓘ
the role of judges in making and shaping law ⓘ
focusesOnJurisdiction Anglo-American law ⓘ
linked to: English law
genre non-fiction ⓘ
hasEdition multiple later editions and reprints ⓘ
hasInfluenced American legal realism ⓘ
linked to: legal realism

modern understandings of judge-made law ⓘ
hasLegacy remains a standard reference in discussions of common law methodology ⓘ
hasReception considered a classic of American legal scholarship ⓘ
influential in the development of 20th-century jurisprudence ⓘ
widely cited in American legal education ⓘ
influencedBy English common law tradition ⓘ
historical school of jurisprudence ⓘ
keyConcept distinction between morality and law ⓘ
fault as a basis of liability in tort ⓘ
historical method in legal analysis ⓘ
law as prediction of what courts will do in fact ⓘ
objective theory of contract ⓘ
language English ⓘ
legalSystemDiscussed common law legal system ⓘ
libraryOfCongressClassification KF213 .H6 ⓘ
notableQuote The life of the law has not been logic; it has been experience. ⓘ
publicationYear 1881 ⓘ
publisher Little, Brown and Company ⓘ
structure collection of lectures ⓘ
subject American law ⓘ
linked to: United States law

common law ⓘ
judge-made law ⓘ
jurisprudence ⓘ
legal realism ⓘ
legal theory ⓘ

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Oliver Wendell Holmes Jr. → notableWork → The Common Law ⓘ