George, Robert P.
January 2008
Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p171
Academic Journal
The article examines the flaws in jurist Oliver Wendell Holmes' perception of natural law theories from moral perspective. It offers a constructive account of what natural law theories are in fact theories of, explains why the idea of natural law and natural rights is far more plausible than people influenced by Holmes have supposed, and compares natural law theories with leading competing accounts of practical reasoning and of moral judgments that provide the justificatory basis of positive law as well as standards for its critical evaluation.


Related Articles

  • The Problem of Justice Holmes. Hartnett, Robert C. // America;6/16/1951, Vol. 85 Issue 11, p283 

    The article focuses on Justice Oliver Wendell Holmes Jr. who subsequently teach in Harvard Law School. It states that Holmes' jurisprudence became the center of controversy when his critics were challenging it. Holmes was on the U.S. Supreme Court from 1902 to 1932 and died in 1935 two days...

  • Holmes on Natural Law. George, Robert P. // Good Society Journal;2003, Vol. 12 Issue 3, p32 

    Discusses the idea of Oliver Wendell Holmes regarding natural law. Perspectives of Holmes on values; Disbelief of Holmes in the possibility of normative science or rationality; Description of rational inquiry; Denial of the possibility of reason's functioning.

  • Holmes, Pragmatism, and the Deconstruction of Utilitarianism. Kellogg, Frederic R. // Transactions of the Charles S. Peirce Society;Winter1987, Vol. 23 Issue 1, p99 

    Explores the associations of thinker Oliver Wendell Holmes Jr. with pragmatism and utilitarianism. Traditional interpretations which have associated Holmes with legal positivism; Overview of Holmes' view of the relationship of law and morals; Sources of misunderstanding of Holmes.

  • THOUGHTS ON THE BUSINESS OF LIFE.  // Forbes Asia;1/28/2008, Vol. 4 Issue 2, p76 

    The article presents quotes from philosopher Aristotle about the importance of forming good habits, U.S. justice Oliver Wendell Holmes about the importance of practicality and French statesman Charles De Gaulle about the importance of action.

  • A Century of Skepticism. Alschuler, Albert W. // First Things: A Monthly Journal of Religion & Public Life;Feb2002, Issue 120, p34 

    Presents skepticism concerning values in the United States. Overview of the skepticism formulated by Justice Oliver Wendell Holmes Jr.; Theological arguments relative to ethical human understanding; Scrutiny on the sufficiency of external justification of ethical skepticism.

  • What Is Law? A Century of Arguments. George, Robert P. // First Things: A Monthly Journal of Religion & Public Life;Apr2001, Issue 112, p23 

    Considers a century of arguments about what is law. Oliver Wendell Holmes' themes on the law's objectivity and the relationship between law and morality; Fallacies about what constitutes the law; Theoretical reflections by jurists and legal scholars throughout the 20th century; Economic...

  • APPEARANCE.  // Metaphors Dictionary;2001, p24 

    Information on the metaphorical use of the word "appearance," in several literary works, is presented. Authors use the word to describe the physical approach of a man. Author Oliver Wendell Holmes, Sr., in his book "A Rhymed Lesson," states that appearance is the outward forms the inward man...

  • Progressive Legal Thought. Hovenkamp, Herbert // Washington & Lee Law Review;Spring2015, Vol. 72 Issue 2, p653 

    The article discusses progressive legal thought in America, and it mentions U.S. legal history, neoclassical economic thought, and issues related to market diversity and the U.S. Constitution's Commerce Clause. American antitrust regulations are mentioned, as well as risk management and...

  • Legal Libertine. BOZELL, L. BRENT // National Review;11/5/1990, Vol. 42 Issue 21, p129 

    Reviews the book "Justice Holmes, Natural Law, and the Supreme Court," by Francis Biddle.


Read the Article


Sign out of this library

Other Topics