EDITABLE AUTHOR ORIGINAL
The Common Law
first Edition
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
 
Law
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The Common Law

The Common Law is a book that was written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an Associate Justice of the Supreme Court of the United States.

The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg.

One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience." Holmes's pronouncement is a subtle qualification of a dictum by the famous seventeenth-century English jurist Sir Edward Coke: "Reason is the life of the law".

Table Of Contents
  • Introduction - THE COMMON LAW
  • Chapter One - LECTURE I. EARLY FORMS OF LIABILITY.
  • Chapter Two - LECTURE II. THE CRIMINAL LAW.
  • Chapter Three - LECTURE III. TORTS. -- TRESPASS AND NEGLIGENCE.
  • Chapter Four - LECTURE IV. FRAUD, MALICE, AND INTENT.- THE THEORY OF TORTS.
  • Chapter Five - LECTURE V. THE BAILEE AT COMMON LAW.
  • Chapter Six - LECTURE VI. POSSESSION.
  • Chapter Seven - LECTURE VII. CONTRACT. -- I. HISTORY.
  • Chapter Eight - LECTURE VIII. CONTRACT. II. ELEMENTS.
  • Chapter Nine - LECTURE IX. CONTRACT.- III. VOID AND VOIDABLE.
  • Chapter Ten - LECTURE X. SUCCESSIONS AFTER DEATH.
  • Chapter Eleven - LECTURE X. SUCCESSIONS INTER VIVOS.
  • Chapter Twelve - LECTURE XI. SUCCESSIONS. -- II. INTER VIVOS.

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