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    The Common Law by Oliver Wendell Holmes
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    The Common Law by Oliver Wendell Holmes
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    The Common Law by Oliver Wendell Holmes
    Ebook531 pages12 hours

    The Common Law by Oliver Wendell Holmes

    By Oliver Wendell Holmes

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    About this ebook

    This volume of the ABA Classics Series is The Common Law. In the history of the law there have been many great treatises written by many great legal minds, but only a few have had the influence and staying power to truly be called the classics. The Common Law by famed Supreme Court Justice Oliver Wendell Holmes, Jr. is certainly one of these books.
    LanguageEnglish
    PublisherAmerican Bar Association
    Release dateJul 10, 2009
    ISBN9781614383420
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      Holmes spent the first ten years of his service on the Supreme Court known as "The Dissenter", and for most of the chamber discussion was literally holding his head in his hands in utter despondency. As for "Negligence", he reminds us that "like ownership, [it] is "a complex conception". [115] Importantly, he finds the element of "public policy" in the concept. In other words, liability flows not merely from breach of a standard of care of the tortfeasor (fault), but upon public policy. 115. A "stricter rule" applies if damage is caused "by a pistol, in view of the danger to the public". 116. In other words, we analyze the burden on the victim in light of the benefit to the public. As Justice Traynor suggested, the necessity of "spreading the burden among those who benefit", arises from this public policy analysis. Unfortunately, jurors today (and in spite of Holmes and Traynor's best efforts) still find little help for applying this leg of liability.