On Holmes's Pragmatic View Of Law

Oliver Wendell Holmes Jr.is a great modern American jurist and the founder of American pragmatism.Holmes' s achievements have benefited from his good educational background,his unique life experience and the strong demand for pragmatism in American society at that time.He passed the passion for revenge that originated from the law,the law was an external standard,and the prevention was the only universal purpose in the application of criminal law.Several aspects argued that pragmatism jurisprudence is a law that goes beyond formalism and focuses on public policy.Always remind the researchers and applicators of the law to face the relationship between logic and experience,and the relationship between law and morality.The impact of Holmes' s legal thought on the American jurisprudence culture is reflected in its instigation of the position of Western formalist legal traditions.He is also regarded as a mentor-like figure by Cardoso,Pound,and Posner's jurists.To a certain extent,it also affects the direction of development of American jurisprudence.At the same time,Holmes' pragmatism legal thought is also worthy of reference for our country's legal construction and provides a more open perspective for the development of our country's law.However,Holmes' s jurisprudence still has its limitations.His idealism,skepticism,and negative attitude toward value pursuit are all contrary to Marxist thoughts,making the contribution of his legal thoughts stay in the end.Only provide a legal research attitude without developing a specific system.Holmes' pragmatic jurisprudence is an important part of American jurisprudence.The study of his thoughts is beneficial to the understanding of American jurisprudence,and it can also provide new ideas for the development of Chinese law.