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.

Beliefs, opinions and attitudes, Law, Criticism and interpretation, Ethics, Practice of law, Law and ethics, Holmes, Oliver Wendell, Jr.

---

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.

Analysis, Reverse discrimination in education, Reverse educational discrimination

---

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.

United States, Social aspects, Ethical aspects, Merit (Ethics)

Similar abstracts:

• Abstracts: Some observations on rehabilitation and justice. Attitudes, social problems and reconvictions in the 'STOP' probation experiment
• Abstracts: When to hold 'em, when to show 'em; clients generally have the right to see case, documents, but the party who foots the bill doesn't
• Abstracts: Insurer's conflict of interest as plan administrator and funding source causes reversal of LTD benefits denial. part 2
• Abstracts: No longer your piece of the rock: the silent reorganization of mutual life insurance firms. Exploring collateral consequences: Koon v. United States, third party harm, and departures from Federal Sentencing Guidelines

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.