heresy" that "[t]he duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it--and nothing else" (35) both captures contract doctrine's long-standing apparent embrace of the efficient-breach theory and reveals the latent tension between the doctrine and its theoretical foundations in promissory morality.
skepticism can also be translated as a new
Applying these Legal Realist arguments to the Holmesian
In the area of private law, Kull has argued for the applicability of the Holmesian
aphorism about ignorance as a law reformer.
In Room 000 , they use surgeon- generals, bacteriologists, detectives, professors, administrators, young children and, of course, the nagasadhus to track the movement of the plague with a Holmesian
These self-dubbed "hackers," insisting on the neutrality of computer codes that can crash a power grid, echo the Holmesian
bad man, who cares nothing for morality, but only for what the law prohibits.
Here's hoping that Horowitz has another Holmesian
story just as devious to give us in the future." DAVID MARTINDALE
(42) The "lesson suggested" by Holmes's career is that the ideal legal thinker "should be cultivated, broadly educated, and intellectually well-rounded (rather than merely proficient in the doctrinal analytics taught by Langdell and his successors)--not that any of the keys to understanding law [are] held by disciplines other than law." (43) Yet Posner is confident that the perspective that most American judges--even those many that do not attain to the Holmesian
ideal--bring to their work, including their work of constitutional interpretation, is that of everyday judicial pragmatism.
When Oedipa arrives in San Narciso to meet Metzger, her co-executor and special counsel to Inverarity's estate, she has a sort of Sherlock Holmesian
view of the world, as if its phenomena were only waiting for someone with a colossal magnifying glass to detect them and read their meaning.
One is genuinely trying to obey the law; the other is a Holmesian
bad man thinking only of legal sanctions.
Instead, consider a disclosure regime that attempted to harness the Holmesian
definition of law as a prediction of what a judge will do.
tradition of stating that property expectations may be damaged