The bad man and the good lawyer: a centennial essay on Holmes's 'The Path of the Law.' (Oliver Wendell Holmes)
Article Abstract:
Oliver Wendell Holmes in his celebrated address 'The Path of the Law' uses the Bad Man thesis to clarify the relationship between law and morality. Holmes suggests that looking at the law from the bad man's perspective helps to eliminate the confusion between law and morality. Holmes's theory of law as prediction is independent from his Bad Man thesis. Holmes's concept of law has been misinterpreted as a form of legal positivism or realism.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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The merits of merit
Article Abstract:
The principle of affirmative action have not changed from Napoleon's time to the age of aristocracy to modern times: the notion of ability with entitlement. But merit is not the only value that determines a post. If that were the case seniority would be abolished and geographic diversity and preference for veterans would not be considered.
Publication Name: Business and Society Review
Subject: Law
ISSN: 0045-3609
Year: 1998
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The merits of merit
Article Abstract:
This article examines the political aspects of affirmative action, focusing on the social construction of the concept of 'merit.' Topics addressed include how merit is defined and rewarded in contemporary society.
Publication Name: Business and Society Review
Subject: Law
ISSN: 0045-3609
Year: 1998
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