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Study On Holmes’s Pragmatism Law Thought

Posted on:2014-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiaoFull Text:PDF
GTID:2246330398967274Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Justice Holmes is the founder of American pragmatism law, the birth of pragmatismthought of law is a major event in the field of common law of United States. Part of Holmes viewof law, is directly put forward in writing or speech, such as empiricism thought, prediction theoryand moral skepticism thought. The other part is in the process of judicial practice in judicialopinions or judicial form of dissent. From the outset his thought gets the earnest attention ofscholars, some people think that his thought is not rigorous reflected, but full of contradictions;also some called him an insurmountable giant in the field of common law, evaluation is alsomixed. Based on the analysis of five specific views of Justice Holmes thought, trying to overall forpragmatism ideas to make more pertinent evaluation of law, and have a talk about the process ofour legal system of some significance.
Keywords/Search Tags:pragmatism, empiricism, prediction theory, moral skepticism, judicial restraint andfreedom of speech
PDF Full Text Request
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