The Common Law
10mentions
1recommended by
5HN commenters
2012–2021first – last mentioned
20% recommend80% neutral
Affiliate links. As an Amazon Associate I earn from qualifying purchases.
20% recommend80% neutral
Affiliate links. As an Amazon Associate I earn from qualifying purchases.
Oliver Wendell Holmes discusses the purpose of incarceration in The Common Law [1], and I've found it to be insightful when thinking about what the purpose of prison is. > It has been thought that the purpose of punishment is to reform the criminal; that it is to deter the criminal…
on “Turn Prisons into Colleges” ↗…but I think much deeper issues are at hand here. It is that semantics are hard, even when the grammar is unambiguous. I found a relevant quote from a 1881 book by a future SCOTUS justice (Holmes), The Common Law. This is the very beginning of the book: The object of this book is to present a general view of the Common Law. To accomplish the task, other tools are needed besides logic. It is something to show that…
on “Supreme Court says state may enforce some restrictions on religious gatherings [pdf]” ↗…over all the cases of fraud and abuse that were responded to over the years by PayPal's current policies. "The life of the law has not been logic; it has been experience." Oliver Wendell Holmes, Jr., The Common Law (1881), page 1.
on “PayPal forces buyer to destroy $2500 pre-WWII antique violin in dispute” ↗"The life of the law has not been logic; it has been experience." -- Oliver Wendell Holmes, Jr., The Common Law (1881) page 1. In other words, the Anglo-American system of common law is a system that has developed by generalizing from particular cases as they come up, and not by thinking from the top down about…
on “Xeer” ↗…and corollaries of a book of mathematics." [1] [0] O.W. Holmes, Jr., The Path of the Law, 10 Harvard Law Review 457 (1897), https://www.constitution.org/lrev/owh/path_law.htm [1] O.W. Holmes, Jr., The Common Law, https://www.gutenberg.org/ebooks/2449
on “How to Read a Legal Opinion: A Guide for New Law Students (2007) [pdf]” ↗…is usually how the law (and business custom) develops, by encountering actual human behavior. As Oliver Wendell Holmes, Jr. wrote, "The life of the law has not been logic; it has been experience." The Common Law (1881), p. 1.
on “Short-term rentals disrupting SF housing market” ↗…embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." Oliver Wendell Holmes, Jr. The Common Law (1881), p. 1.
on “Unlocking Cellphones Becomes Illegal Saturday in the U.S.” ↗Even a dog distinguishes between being stumbled over and being kicked. "Early Forms of Liability," Lecture I from The Common Law. (1909). Oliver Wendell Holmes
on “Dogs distinguish human intentional and unintentional action” ↗…back-and-forth about what is allowed on Reddit and what is not illustrates a famous saying about how laws are made: "The life of the law has not been logic; it has been experience." Oliver Wendell Holmes, Jr., The Common Law (1881), p. 1. On my part, I decided not to get a second username on Reddit after being a very early adopted on Reddit, when there was a foul-up of the user database such that my user account data was…
on “Reddit will not ban 'distasteful' content, chief executive says” ↗…to it will probably produce new court case holdings (at a minimum) and possibly new statutes as well. "The life of the law has not been logic; it has been experience." Oliver Wendell Holmes, Jr., The Common Law (1881), page 1. As I have written before, perhaps the greatest contribution the Bitcoin experiment will make to humankind is to teach you and me and our neighbors more about the realities of economics.…
on “Why Bitcoin lives in a “legal gray area”” ↗