The paths of the law: historical consciousness, creative democracy, and judicial review.

Albany Law Review | September 22, 1998| | Copyright

INTRODUCTION

As our nation approaches the turn of our third century, there has been a resurgence of the philosophy born in the turbulent crucible of the late nineteenth century--American Pragmatism.(1) Accompanying this reawakening is a reexamination of the jurisprudence of Oliver Wendell Holmes, the jurist perhaps most directly responsible for infusing into the American legal system the anti-formalism of Legal Pragmatism.(2) A further parallel between the last turn of a century and our own time is the resurgence of a criticism apparently endemic to American culture, ...

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