Title: the path of law
•Subtitle: Learn, understand and master the law
•Author: Oliver Wendell Holmes, Jr.
•Publication date: 2009
•ISBN: 978-1933230-08-5
Introduction
The thoughtful reader of the path of law You will enjoy the sensation of having at your side a guide, philosopher and teacher who carefully guides you to learn, understand and master the law. Reading and rereading this book is experiencing taking from a great teacher some of the things he has learned and becoming enthusiastic about the subject as well.
the path of law presents the conclusions drawn by Holmes after more than 30 years of legal observation, thought, and legal practice. He probably wrote this essay to further discuss what began in his most famous post, The Common Law. the path of law it was not written as a manual on the practice of law, but as a manual to show students how to think like a lawyer; what it means to be a good lawyer; and what it means to have a successful law career.
What is this book about?
Obviously, there have been many changes and improvements in the legal profession and in legal education since Holmes wrote this essay in 1897. But in this book, Holmes is not concerned with the minutiae of learning the law: “Theory is my subject, not practical details. The modes of teaching have been improved since my time, but skill and industry will master the raw material in any mode. Theory is the most important part of the dogma of law, as the architect is the most important man involved in the construction of a house”.
Who was Holmes?
Holmes was in a position to speak about American law with great authority. After graduating from Harvard with his law degree, he taught law there. He then served 20 years on the Massachusetts Supreme Judicial Court. He then was appointed to the United States Supreme Court as an Associate Justice, where he served for 30 years. Despite his fancy titles and his extensive experience, Holmes never speaks down to the reader of this book. Holmes’s evident love of the law and his desire to help others understand this attraction comes through to the reader loud and clear. Holmes uses many easy-to-understand examples throughout the essay to prove his point.
The “Bad Man Theory” and “Morality Vs. Law”
The quality and simplicity of Holmes’s writing is reason enough to attract readers, especially law students. His illustrations are obviously chosen from extensive experiences and are like vivid images projected on a miniature screen. Everyone’s favorite illustration is usually Holmes’s explanation of his “bad man theory.” Holmes explains “that a bad man has as many reasons as a good one for wishing to avoid an encounter with law enforcement, and therefore the practical importance of the distinction between morality and law can be seen.” In other words, a bad man will only want to know what the material consequences of his behavior will be; he will not be motivated by morality or conscience. This example sets the stage for most of the book. Holmes goes to great lengths to give examples of the differences between morality and law.
History and Tradition
A large part 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 part of the study, for without it we cannot know the precise scope of the rules which it is our business to know. It is part of the study.” rational, because it is the first step towards an enlightened skepticism, that is, towards a deliberate reconsideration of the value of those rules”.
Is this book not out of date?
The hasty reader might assume that this book was written too long ago to be of any practical use to a modern law student or lawyer. But a careful reader will immediately realize that Holmes has a lot to offer us today. Holmes sums up the entire book by him in two short paragraphs:
“I take it for granted that no listener of mine will misinterpret what I have to say as the language of cynicism. The law is the outward witness and repository of our moral life. Its history is the history of the moral development of the race. Its practice, however of the popular jokes, it tends to make good citizens and good men, when I emphasize the difference between law and morality I do it with reference to a single purpose, that of learning and understanding the law, you must definitely master its specific marks, and it is That is why I ask you for the moment to imagine yourselves indifferent to other greater things.”
“If a man gets into the law, it pays to be a master of it, and to be a master of it means looking straight through all the dramatic incidents and discerning the true basis of the prophecy. Therefore, it is good to have accurate knowledge. notion of what we understand by law, by right, by duty, by malice, intention and negligence, by property, by possession, etc.
conclusion
Those of you who read this book before entering law school should make an effort to reread it several times during your law school studies. It is then that you will begin to understand more of the path of law every time you read it, and you’ll really start to understand what Holmes was trying to tell us, on a deeper level, and enjoy his message even more.