Book contents
- Stereoscopic Law
- Stereoscopic Law
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface
- Acknowledgements
- Introduction
- Part I Law and the Legal Profession
- Part II The Inner Path of the Common Law
- Part III The Purely Legal Point of View
- Part IV Thirteen Ways of Looking at the Bad Man
- Part V The Theory of Legal Study
- Conclusion
- Index
Part IV - Thirteen Ways of Looking at the Bad Man
Published online by Cambridge University Press: 23 January 2021
- Stereoscopic Law
- Stereoscopic Law
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface
- Acknowledgements
- Introduction
- Part I Law and the Legal Profession
- Part II The Inner Path of the Common Law
- Part III The Purely Legal Point of View
- Part IV Thirteen Ways of Looking at the Bad Man
- Part V The Theory of Legal Study
- Conclusion
- Index
Summary
Many legal scholars over the past 120 years have commented on“The Path of the Law.” Part IV selects from this abundant commentary and profiles thirteen ways of looking at the“bad man.” The opinions vary as to why Holmes introduced him in“The Path of the Law.” Apart from sustaining the thesis that Holmes intended the“bad man” as a projection, this part seeks to show how one might through scholarship create dimensionality in American law. Scholarship becomes a stereoscope to make law 3D. The most well-known commentary and commentators on Holmes and the“bad man” are discussed – ranging from Jerome Frank, Hessel E. Yntema, and Walter Wheeler Cook to Francis E. Lucey, Lon Fuller, Mark DeWolfe Howe, Henry M. Hart, Jr., and Yosal Rogat. It also includes a subsection on the distinctive view of the legal pragmatists (Frederic R. Kellogg, Thomas C. Grey, Catharine Pierce Wells, Susan Haack). The part notes the deficiencies in scholarship and, more important, the repeated instances of scholars not attempting to understand, connect, or differentiate in good faith their scholarship from that of their predecessors or contemporaries.
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- Stereoscopic LawOliver Wendell Holmes and Legal Education, pp. 131 - 292Publisher: Cambridge University PressPrint publication year: 2020