The Seeds of Time: Legal Realism and Legal History
The Seeds of Time: Legal Realism and Legal History
This chapter deals with the realist conception of history, especially in the development of legal doctrine. It begins with a discussion on the historical work of Oliver Wendell Holmes and his conception of legal history. It presents a comparison between Oliver Wendell Holmes and Herbert Spencer, to get a sense of Darwinism in late nineteenth- and early twentieth-century American social thought. The chapter concludes with actual examples of realist legal history and a brief introduction of contemporary meme theory.
Keywords: realist, history, legal doctrine, Oliver Wendell Holmes, legal history, Herbert Spencer, Darwinism, meme theory, American social thought
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