Judging Technology: An Eighteenth Century Institution Meets Twenty-First Century Cases
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Authors
Dalzell, Stewart
Issue Date
1997
Volume
30
Issue
Type
Journal Article
Language
Keywords
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Abstract
FIRST PARAGRAPH(S)|In his enduring classic, The Common Law, Oliver Wendell Holmes, Jr., began his first Lowell Lecture with the memorable sentence, "The life of the law has not been logic: it has been experience." Justice Holmes immediately went on to explain that: The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics...
Description
Citation
30 Creighton L. Rev. 1107 (1996-1997)
Publisher
Creighton University School of Law