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There are scads of fine bios of Oliver Wendell Holmes, Jr. (1841-1935), each with its particular blend of advantages and shortcomings. This most recent bio manifests a number of advantages that pushes it into the forefront of these books. To begin with, given that the book runs some 544 pages (both text and notes), the author did not feel it necessary to rush through Holmes' pre-Supreme Court career, as authors often do. He does not even make it until page 257. This allows the author to carefully examine the many important dimensions of Holmes' life which helps the reader get a grasp on his character and personality.
Moreover, the book touches upon areas of Holmes' life prior to the Court which usually have not been sufficiently addressed in other bios. One great example of this is Holmes in the Civil War. For the first time, I fully began to understand not only what Holmes did during the war but also how influential the experience was on him. Just excellent chapters. Likewise, most other bios give scant attention to Holmes' tenure (1882-1899) on the Supreme Judicial Court of Massachusetts, where he learned the ins and outs of appellate judging as well as conducting hundreds of trials. Here the author adds important insights without burying the reader in legalistic detail.
Another major contribution of the book is to analyze Holmes' path-breaking book, "The Common Law." Often said to be the greatest American law book and the most seldom read, the author carefully unfolds what Holmes was up to in writing his masterpiece (based on a series of lectures) and highlights some of the key ideas contained therein which changed American legal thought. And once again, he writers with clarity and a sure grasp of legal materials, even though he apparently has had no formal legal training.
Other aspects of the book add to its value. The author's introductory chapters on the intellectual life of Boston in the 1840's and its influence on the young Holmes are very helpful and full of insights about this early stage of American intellectual life. This the first bio to really explore Holmes and his "flirtations," including the Irish noblewoman Lady Castletown. The author surprisingly flatly declares that Holmes was in love with her, a contention that both Castletown and Holmes' extraordinary wife Fanny would certainly contest. Throughout, the author inserts short sections showing the personal side of Holmes (e.g., his friendships with Brandeis and Laski). There is also an interesting chapter (with pictures) of Holmes' house here in Washington at 1720 Eye Street.
Since I have not said much about Holmes' on the Supreme Court, I should make a few observations. The author develops the legal story with clarity that removes the need to be a lawyer to understand what was going on. He also focuses quite effectively on the other Justices and there interactions with Holmes. Individual chapters examine Holmes and due process, dissenting, free speech, and his role on the Taft Court. On top of this, the author explains how Holmes would reject the current conservative theories of constitutional interpretations embodied in textualism and originalism, as promoted by Justice Scalia and other conservative justices.
His research is monumental and he has dredged up some new material to strengthen his analysis. A helpful bibliography and an index of cases are included. The author has written many other books of history and biography, and he really knows how to turn in a fascinating and informative biography. Anyone interested in Holmes owes it to themselves to read and enjoy this fine bio.
- Hardcover: 592 pages
- Publisher: W. W. Norton & Company; 1 edition (May 28, 2019)
- Language: English
- ISBN-10: 0393634728
- ISBN-13: 978-0393634723
- Product Dimensions: 6.4 x 1.5 x 9.6 inches
- Shipping Weight: 2.1 pounds (View shipping rates and policies)
- Average Customer Review: 18 customer reviews
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Amazon Best Sellers Rank:
#24,083 in Books (See Top 100 in Books)
- #4 in Federal Jurisdiction Law (Books)
- #20 in Legal History (Books)
- #30 in Lawyer & Judge Biographies
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