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The paths of the law: historical consciousness, creative democracy, and judicial review.
From:
Albany Law Review
| Date:
September 22, 1998| Author:
Kidwell, Erin Rahne
| COPYRIGHT 1998 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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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...
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