Law Without Values: The Life, Work, And Legacy Of Justice Holmes

Law Without Values: The Life, Work, And Legacy Of Justice Holmes

In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted-that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."From BooklistOliver Wendell Holmes is popularly considered to be one of the greatest legal thinkers in U.S. history. His illustrious legal career included teaching at Harvard Law School and three decades of service on the U.S. Supreme Court. Alschuler, a law professor, explores the complexities of Holmes' personality that have been obfuscated by his reputation. Although Holmes' work as a legal scholar was meritorious, it wasn't groundbreaking, according to Alschuler. The more substantive aspects of Holmes reflected an implicit dark side. The brutality of the Civil War rendered him a brooding skeptic: he'd gone in as an abolitionist and came out as a nonbeliever in causes. Holmes adopted the Social Darwinism popular at the time and came close to applying that philosophy in his decision making. Even so, many of Holmes' opinions, especially the dissenting ones, proved right over a period of time, including support for welfare-rights litigation and freedom of expression.Vernon FordCopyright