Abstract

http://ssrn.com/abstract=2326554
 


 



Preface: Honorable Justice at Twenty-Five


Sheldon Novick


Vermont Law School

September 17, 2013

Honorable Justice: The Life of Oliver Wendell Holmes, Sheldon Novick, Plunkett Lake Press, September, 2013
Vermont Law School Research Paper No. 30-13

Abstract:     
There have been three print editions since 1989 of Honorable Justice: The Life of Oliver Wendell Holmes by Sheldon Novick: the first hardcover edition from Little Brown, a trade paperback edition from Dell Publishing, and a collectible leather-bound edition from Legal Classics Library. The text of successive print editions was unchanged. A new ebook edition from Plunkett Lake Press has been revised and corrected, redesigned for digital readers, and a new preface has been added bringing the book up to date. This article includes the text of the preface.

In summary: Interest in Justice Holmes continues, especially with regard to his First Amendment jurisprudence. He has also become a major figure in debates over originalism. As portrayed in this biography, Holmes was a champion of the common law, particularly as common-law privileges were the basis of the Bill of Rights. He viewed the Supreme Court as a common-law court bound by its precedents, and engaged in the process of defining the principles "transplanted from foreign soil" found in those precedents The New Originalists argue that the original understanding of the text of the Constitution is authoritative in cases arising under the Constitution, and that fidelity to the original understanding trumps any precedents that depart from it. Holmes, the champion of an evolving common law, accordingly has become the target of originalist criticism, criticism that the author of this preface claims he stoutly withstands.

Number of Pages in PDF File: 16

Keywords: Supreme Court history, constitutional law, textualism, judicial appointments, judicial biography

Accepted Paper Series


Download This Paper

Date posted: September 18, 2013 ; Last revised: November 27, 2013

Suggested Citation

Novick, Sheldon, Preface: Honorable Justice at Twenty-Five (September 17, 2013). Honorable Justice: The Life of Oliver Wendell Holmes, Sheldon Novick, Plunkett Lake Press, September, 2013 ; Vermont Law School Research Paper No. 30-13. Available at SSRN: http://ssrn.com/abstract=2326554

Contact Information

Sheldon M. Novick (Contact Author)
Vermont Law School ( email )
68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States
HOME PAGE: http://www.sheldonnovick.com
Feedback to SSRN


Paper statistics
Abstract Views: 98
Downloads: 34

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.750 seconds