The Path Of Justice

This paper which explores Holmes’ work of “The Path of Law” tries to analyze the legalthought of Holmes which includes the conception of law, the relation between morality andlaw, the relation between law and experience and the meaning of the jurisprudence in legalapplication. The writing of this paper is to clarify the sequence of Holmes’ ideas about the lawin the judicial process.The first part is the analysis and the dissertation of the conception of law (what is thelaw). In Holmes’ opinion, law is the court’s adjudication; the reason why we can predicate thejudgment is that the lawyers share the similar legal thinking.The second part discusses the idea of what is the real relationship between law andmorality. Holmes considers that both the law and morality are social standards; in addition,there are some connections between them. But only differentiate them with each other can weget a clear recognition of the law and judge fairly.The third part interprets Holmes’ affirmation of the life of law does not lie in logic, butexperience. Holmes does not fight against the logical function in legal field, but emphasizesthat the logic is not the decisive strength of legal development. The experience supported byHolmes is the judicial experience of judge and the legal demand of society.The fourth part tries to explain the guiding meaning of jurisprudence for judges andlawyers in the practices of concrete cases. Holmes regards jurisprudence what judge can notleave aside while one handles a case as the general principle of law. He holds thatjurisprudence is of important value that possession of its theoretical accomplishment is theindispensable path to be a great professional master.The last part tries to summarize the enlightenment of the work of “The Path of Law”.