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Oliver Wendell Holmes Jr. and Legal Logic - Chicago Scholarship Online
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Oliver Wendell Holmes Jr. and Legal Logic

Frederic R. Kellogg

Abstract

This is a study of Justice Oliver Wendell Holmes Jr.’s original contribution to both legal logic and general logical theory. Conventional legal logic has focused on the operation of judges deciding the immediate case. Holmes (from analogies with natural science) came to understand law as an extended process of inquiry into recurring problems. The role of the legal profession is thereby recast by Holmes to recognize the importance of input from outside the law—the importance of the social dimension of legal and logical induction. Lawyers and judges perform an important but often largely ancilla ... More

Keywords: Oliver Wendell Holmes Jr, legal logic, legal uncertainty, judicial restraint, logical induction, David Hume, social inductivism

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780226523903
Published to Chicago Scholarship Online: September 2018 DOI:10.7208/chicago/9780226524061.001.0001

Authors

Affiliations are at time of print publication.

Frederic R. Kellogg, author
Federal University of Pernambuco