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The Common Law

Oliver Wendell Holmes

  • Essays
  • Book language: English
  • 318 pages

The Common Law is a collection of lectures by Oliver Wendell Holmes, Jr., first published in 1881. It traces how common-law doctrines on liability, property, contracts, and crime developed from experience and social needs rather than pure logic. It remains valuable for listeners interested in legal history and the foundations of Anglo-American law.

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Text source: gutenberg.org · The work is in the public domain.

Opening of the book

THE COMMON LAW

By Oliver Wendell Holmes, Jr.

CONVENTIONS

Numbers in square brackets [245] refer to original page numbers. Original footnotes were numbered page-by-page, and are collected at the end of the text. In the text, numbers in slashes (e.g./1/) refer to original footnote numbers. In the footnote section, a number such as 245/1 refers to (original) page 245, footnote 1. The footnotes are mostly citations to old

English law reporters and to commentaries by writers such as

Ihering, Bracton and Blackstone. I cannot give a source for decrypting the notation. To find a footnote click on the page number just above the footnote i.e. [245].

There is quite a little Latin and some Greek in the original text. I have reproduced the Latin. The Greek text is omitted; its place is marked by the expression [Greek characters]. Italics and diacritical marks such as accents and cedillas are omitted and unmarked.

Lecture X has two subheads—Successions After Death and

Successions Inter Vivos. Lecture XI is also titled Successions

Inter Vivos. This conforms to the original.

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Contents

  1. THE COMMON LAW
  2. LECTURE I. — EARLY FORMS OF LIABILITY.
  3. LECTURE II. — THE CRIMINAL LAW.
  4. LECTURE III. — TORTS.—TRESPASS AND NEGLIGENCE.
  5. LECTURE IV. — FRAUD, MALICE, AND INTENT.—THE THEORY OF TORTS.
  6. LECTURE V. — THE BAILEE AT COMMON LAW.
  7. LECTURE VI. — POSSESSION.
  8. LECTURE VII. — CONTRACT.—I. HISTORY.
  9. LECTURE VIII. — CONTRACT. II. ELEMENTS.
  10. LECTURE IX. — CONTRACT.—III. VOID AND VOIDABLE.
  11. LECTURE X. — SUCCESSIONS AFTER DEATH.
  12. LECTURE X. — SUCCESSIONS INTER VIVOS
  13. LECTURE XI. — SUCCESSIONS.—II. INTER VIVOS.
  14. FOOTNOTES
  15. THE FULL PROJECT GUTENBERG™ LICENSE

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