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Art History Late 19th Century Oliver Wendell Holmes Trivia
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What legal philosophy was Oliver Wendell Holmes, Jr., propounding when he said, “The life of the law has not been logic; it has been experience”? A) In a world that was basically irrational, only legal principles were completely logical. B) American law was becoming too based on the whims of judges, and it had to return to its foundations in ancient court cases. C) The English laws that had been laid down in the time of Henry IV were the epitome of logic and rightfully the basis of American jurisprudence. D) Law has to evolve as society changes and cannot rely exclusively on sacred legal principles and ancient precedents. E) all of these
D (Law has to evolve as society changes and cannot rely exclusively on sacred legal principles and ancient precedents)
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Oliver Wendell Holmes Jr.
law reformer who stressed the rights of the people to govern with reasonability contemporary situations; believed that law should evolve as times and conditions changed.
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21.7 Oliver Wendell Holmes – Abrams v United States Dissent
(1919): Holmes is for allowing free speech. He compares free speech to capitalism in that the good ideas will stick and nobody will listen to the bad ideas. He says the only time freedom of speech should be controlled is in the case of a clear and present danger. He said, “The defendants were deprived of their rights under the constitution.”
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