Pragmatism and Prejudice of Oliver Wendell Holmes Jr.

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Adjudication
American legal history
American philosophy
American studies
Buck v. Bell
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Category=QD
Charles Sanders Peirce
constitutional law
constitutional theory
critical legal studies
critical race theory
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eq_nobargain
eq_non-fiction
eq_society-politics
feminist jurisprudence
Great Dissenter
intellectual history
John Dewey
jurisprudence
Justice Holmes
legal realism
Louis Menand
natural law
philosophy of law
political philosophy
positivism
Social Darwinism
U.S. Supreme Court
utilitarianism
William James

Product details

  • ISBN 9781498561266
  • Weight: 322g
  • Dimensions: 153 x 220mm
  • Publication Date: 02 Jul 2021
  • Publisher: Bloomsbury Publishing Plc
  • Publication City/Country: US
  • Product Form: Paperback
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This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly.

Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.

Seth Vannatta is professor and chair of the Department of Philosophy and Religious Studies at Morgan State University.