Skepticism: The Philosophy Of The Judicial Philosophy Of Holmes

Oliver Wendell Holmes,Jr.is one of the founders of pragmatism of law in the United States.His most famous word is: “The life of law is not logic but experience”.Holmes’ skepticism judicial philosophy,in the famous speech "the way of law","natural law" and his works "common law",as well as its legal advices and legal objections of judicial practice,is showed incisively and vividly.This article first starts from the historical background of Holmes skepticism judicial philosophy to explore the theory origin of Holmes skepticism of judicial philosophy by understanding the growing experience of Holmes;Second,this article analyses the connotation of Holmes skepticism philosophy,interprets the specific meanings of moral skepticism and rule skepticism.In it,the moral relativism and empiricism are more discussed and legal certainty and the defects of legal logic are more expounded.On this basis,this article analyses the use and reflect of Holmes skepticism thoughts in his the judicial philosophy.First,from the aspect of legal epistemology,Holmes emphasizes the separation of law and morality,this article analyzes the differences between the law and the morality in theory,and its application in the judicial practice.Second,from the legal methodology,Holmes think law is "bad guys" perspective projections.Around the internal point and external point of view,this paper expounds the contradiction between the "bad guys" theory and prediction theory.Third,based on the methodology of skepticism,Holmes pragmatism philosophy of judicial is expressed between judicial restraint and judicial activism.Holmes has always emphasized the judicial self-control,advocates the authority of the constitution and precedent,but Holmes argues that judicial activism in the cases of free speech.Finally,by interpreting the legal thought of the successors of Holmes including Cardoso,Frank,Llewellyn,Posner,this paper expounds the development prospects of the skeptical thinking.At the same time,this paper discusses the criticism of opponents to Holmes and analyses the limitations of his Skepticism thought.Also,this paper evaluates Holmes’ skepticism judicial philosophy entirely and searches for the enlightenment which has the positive significance on the judicial reform and judicial practice of our country.