Law Without Values

The Life, Work, and Legacy of Justice Holmes

Albert W. Alschuler

Law Without Values
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Albert W. Alschuler

336 pages | 6 x 9 | © 2000
Cloth $43.00 ISBN: 9780226015200 Published December 2000
Paper $26.00 ISBN: 9780226015217 Published April 2002
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."
1. Moral Skepticism in Twentieth-Century American Law
2. A Power-Focused Philosophy
3. Would You Have Wanted Justice Holmes as a Friend?
4. The Battlefield Conversion of Oliver Wendell Holmes
5. Holmes's Opinions
6. Judging the Common Law
7. The Descending Trail: Holmes's Path of the Law
8. The Beatification of Oliver Wendell Holmes
9. Ending the Slide from Socrates and Climbing Back
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