The Common Law | Oliver Holmes, Jr.
The Common Law
first Edition

The Common Law

by Oliver Holmes, Jr.

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".

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

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