Title: way of law
• Subtitle: Learn, understand and master the law
•author: Oliver Wendell Holmes Jr.
•date of publication: 2009
• ISBN: 978-1933230-08-5
an introduction
The thoughtful reader of way of law He will enjoy the feeling of having a mentor, philosopher, and teacher at his side who carefully guides him to learn, understand, and master the law. Reading and re-reading this book is an experience of taking some of the things he learned from a great teacher and becoming passionate about the topic as well.
way of law It presents the conclusions that Holmes has reached after more than 30 years of legal observation, thought, and practice of law. Perhaps he wrote this article to continue discussing what he started in his most famous publication, Public Law. way of law It was not written as a guide on practicing law, but as a guide to teach students how to think like a lawyer; What does it mean to be a good lawyer; And what does it mean to have a successful legal career?
What is this book about?
It is clear that many changes and improvements have taken place in the legal profession and legal education since Holmes wrote this essay in 1897. But in this book Holmes is not concerned with the practical nitty-gritty of learning about law: “Theory is objective, impractical details. It has been improved Teaching methods are from my own time, but ability and industry will master the raw material in any way. And theory is the most important part of the doctrine of law, as the architect is the most important man involved in building a house.”
Who was Holmes?
Holmes was in a position to speak of American law with great authority. After graduating from Harvard University with a law degree, he studied law there. He then served for 20 years on the Massachusetts Supreme Judicial Court. He was then appointed to the US Supreme Court as an associate justice, where he served for 30 years. Despite his great titles and very extensive experience, Holmes never spoke to the reader of this book. Holmes’ apparent love of law and his desire to help others understand this attraction to the reader comes loud and clear. Holmes uses many easy-to-understand examples throughout the article to illustrate his point.
“The Bad Guy Theory” and “Morality vs. Law”
The quality and simplicity of Holmes’ writing is reason enough to appeal to readers – especially law students. His illustrations were apparently drawn from extensive experiences and resemble vivid images flashing on a miniature screen. Everyone’s favorite illustration is usually Holmes’ explanation of the “bad man theory”. Holmes explains that “a bad man has as good a reason as a good reason for wanting to avoid confrontation with public power, and thus you can see the practical importance of distinguishing between morality and law.” In other words, the bad guy will want to know only the physical consequences of his behavior; It will not be motivated by morals or conscience. This example sets the stage for most writers. Holmes puts a lot of effort into giving examples of the differences between morality and law.
History and traditions
Much of the book discusses the importance of history or tradition as an important part of the study of law. Holmes tells us that “The rational study of law is still very much the study of history. History must be a part of the study, for without it we cannot know the exact range of rules we have a duty to know. It is part of the rational study, because it is the first step towards enlightened skepticism, That is, towards a deliberate reconsideration of the value of those rules.”
Isn’t this book old?
The hasty reader might assume that this book was written too long ago to be of practical use to a modern student or lawyer. But the keen reader will immediately realize that Holmes has a lot to offer us today. Holmes summarizes his entire book in two short paragraphs:
“I take it for granted that no listener would offend me to interpret what I shall say as language of irony. Law is the witness and external deposit of our moral life. Its history is the history of the moral development of race. Its practice, notwithstanding popular jests, tends to constitute good citizens and men and when I emphasize the difference between law and morals I do so with reference to one end, and that is to learn and understand the law. For this purpose you must certainly master its specific signs, and for this I ask you for a moment to imagine yourselves indifferent to other and greater things.”
“If a man enters into the law, it is useful to be his master, and to be his master means looking directly into all the dramatic events and discerning the true basis of the prophecy. Therefore, it is good to have an accurate knowledge of the concept of what you mean by law, by right, by duty, by malice, and intent, negligence, ownership, possession, etc.”
conclusion
Those who read this book before entering law school should make an effort to re-read it several times during your law school studies. Then you will begin to understand more way of law Every time you read it, you really begin to understand what Holmes was trying to tell us – on a deeper level – and enjoy his message more.