Present Appreciation and Future Advantage: A Note on the Influence of Hobbes on Holmes
American Journal of Legal History, Vol. 47, No. 4, pp. 412-434, October 2005
38 Pages Posted: 15 Feb 2008
Oliver Wendell Holmes, Jr., was a major figure in American law, philosophy, and social thought generally, and his influence is still felt in those fields. This article examines the influence of Thomas Hobbes on Holmes. The article examines Holmes's reading of Hobbes's works and Holmes's references to Hobbes in judicial opinions and other writings. It then considers several parallels between the views of Hobbes and Holmes, including their view of life as a ceaseless struggle for self-preservation and power; the absolute nature of sovereign power; and the positivist view of law, in contrast to natural law. The article closes with some observations about the role of literary style in the writings of Hobbes and Holmes.
Keywords: Holmes, Hobbes, law, jurisprudence, philosophy, legal history, pragmatism
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