The opinion abounds with references to feudalism and invokes the Holmesian
cliche that it is revolting to have no better reason for a rule than it was laid down in the time of Henry IV, but the Gamer court never bothers to mention whether landlord-tenant protections would apply.
shrewdly plucked from the Holmesian
canon and strewn throughout the story to make us feel smart for spotting them.
This may be surprising inasmuch as Posner is thought to be a Holmesian
, for Holmes was (in)famous for the extent to which he was willing to defer to legislation.
13) Ideally, judges who understand financial risk will reject Citigroup and adduce a board's monitoring of financial risk more critically after the fact, thus returning to the Holmesian
notion of what law is.
The manner in which Holmes' relations to women is described in the canon has 1 been the subject of much argument and debate among the dedicated Holmesians
There are a number of north-east Holmesians
who regularly view the society's Facebook page, and Barry hopes one of them will take things further.
Tompkins, (1) with its rich intellectual foundation--its Holmesian
realist understanding of the nature of law and the role of courts in fashioning it; (2) its Holmesian
positivist insistence that law is not law without some relevant lawgiver; (3) and its Austinian insistence on the deference due to judge-made law, when it applies (4)--should have, and could have, provided a unified theory of lawmaking power.
We will see in Part IV, moreover, that Hart's own arguments about the moral limits of the criminal law presuppose that at least some of those subject to criminal prohibitions would think along the lines of a Holmesian
89) Moreover, it is certainly the case that, all other things being equal, a society populated by puzzled men will have a healthier legal order than one populated by Holmesian
Amidst the dark wood paneling, antiques, and Holmesian
odds and ends, you'll find a large selection of draught beers and ales and a full-service kitchen cooking up signature British favorites: Fish and Chips, Bangers and Mash, and Shepherd's pie.
When the state sets the speed limit at 65 mph, it is not indifferent as between people driving 65 mph on the one hand, and driving 100 mph and paying the statutory fine for speeding on the other, and only a Holmesian
bad man would think otherwise.
The American legal realists relied instead on two Holmesian