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Justice Oliver Wendell Holmes: Law and the Inner Self [Paperback]

G. Edward White (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

0195101286 978-0195101287 November 16, 1995
By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties.
In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind.
White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

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Editorial Reviews

From Publishers Weekly

In this thorough and insightful scholarly biography, White ( Earl Warren ) explores the linked life and work of legendary scholar and jurist Holmes (1841-1935). Son of a famed literary father and product of a privileged Boston Brahmin upbringing, Holmes entered the legal profession having lost his youthful romanticism in the Civil War when he was wounded three times. Drawing on prodigious research, White closely analyzes Holmes's legal scholarship, finding a tension between his subject's reliance on both experience and logic in his classic, The Common Law . The author also dissects Holmes's Supreme Court opinions, describing how his reputation grew and suggesting that Holmes's famous rhetoric on free speech ("every idea is an incitement") was memorable but obscured philosophical contradictions, perhaps because his changing ideas on free speech had less to do with the consistent evolution of legal doctrine than with the influence of certain Washington intellectuals. Holmes's wife Fanny supplied domesticity, but the couple never had children; and Holmes's one great extra-marital romance with the Anglo-Irish aristocrat Clare Castletown was epistolary only. His self-control and his ambition, White suggests, allowed Holmes to concentrate on his work. That work, along with Holmes's stature as a "figure of public romance," will long stimulate students of history. Photos not seen by PW.
Copyright 1993 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

From Library Journal

In recent years the Holmes bookshelf has become increasingly crowded. This latest offering, provided by well-known and well-received judicial biographer White (law & history, Univ. of Virginia), belongs in a prominent spot in the library of any student of law in the United States. In the future, any treatment of this Brahmin from Boston will be judged against White's insightful account. Through his exhaustive research and lucid writing, Holmes the Justice becomes Holmes the man. It is White's thesis, made convincingly, that Holmes cannot be understood and evaluated accurately merely as a lawyer or justice; rather, his inner life and thoughts must be closely analyzed in order to assess his legacy. In particular, White provides extensive scrutiny of Holmes's coming to maturity in the 19th century; his analysis of Holmes's intellectual life, especially his contribution to American jurisprudence, is of special interest. This scholarly yet accessible biography is sure to become the standard work. Highly recommended.
- Stephen Shaw, Northwest Nazarene Coll., Nampa, Id.
Copyright 1993 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 648 pages
  • Publisher: Oxford University Press, USA (November 16, 1995)
  • Language: English
  • ISBN-10: 0195101286
  • ISBN-13: 978-0195101287
  • Product Dimensions: 8.8 x 5.7 x 1.7 inches
  • Shipping Weight: 2.2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #898,287 in Books (See Top 100 in Books)

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30 of 31 people found the following review helpful:
5.0 out of 5 stars A wonderful book. Very detailed but also lucid., January 15, 1999
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This review is from: Justice Oliver Wendell Holmes: Law and the Inner Self (Paperback)
Two apsects strike me in reading about Holmes. First is his life. What a great subject. Holmes is almost as exciting to read about as Lincoln. The second is his jurisprudence. White does a fine job covering both. I like White's style. Somewhat loose but never inaccurate, his biography is very readable.

Two chapters: The Supreme Court of Massachusetts and the "Progressive Judge" are so wonderfully written that they deserve to be read twice.

I read the book over a period of four months which is something I rarely do. This is because the subject and content are so important that the philosophy of Holmes takes some time to perculate. White's description of Holmes influenced my perspective greatly.

I would recommend the book to any person interested in law or simply about America.

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Inside This Book (learn more)
First Sentence:
ON JULY 2, 1861, Oliver Wendell Holmes, Jr., twenty years old and a senior at Harvard College, composed an autobiographical sketch for his college album. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
philosophic mastery, common carrier liability, conventional inducement, free speech opinions, free speech jurisprudence, possessory remedies, foreign language cases, strong natural bent, common law subjects, free speech decisions, free speech cases, child trespassers, silly flirtation, whip manufacturer, early professional years, all round view, supra note, touched with fire, early scholarship, subsurface rights, free speech issues, judicial colleagues, brooding omnipresence, constitutional opinions
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Nina Gray, Chief Justice, Supreme Judicial Court of Massachusetts, Fourteenth Amendment, American Law Review, Twentieth Regiment, William James, Clare Castletown, Felix Frankfurter, Justice Holmes, Ball's Bluff, Henry Adams, The Path of the Law, World War, Army of the Potomac, Fort Stevens, Fanny Dixwell, Frederick Pollock, Harvard College, Beverly Farms, Harold Laski, James Kent, Abiel Holmes, Doneraile Court
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