The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.
Topics: Politics, American History, Ethics, Constitutional Law, Informative, and Essays
Published: Start Publishing LLC an imprint of NBN Books on Dec 1, 1881
Holmes spent the first ten years of his service on the Supreme Court known as "The Dissenter", and for most of the chamber discussion was literally holding his head in his hands in utter despondency. As for "Negligence", he reminds us that "like ownership, [it] is "a complex conception".  Importantly, he finds the element of "public policy" in the concept. In other words, liability flows not merely from breach of a standard of care of the tortfeasor (fault), but upon public policy. 115. A "stricter rule" applies if damage is caused "by a pistol, in view of the danger to the public". 116. In other words, we analyze the burden on the victim in light of the benefit to the public. As Justice Traynor suggested, the necessity of "spreading the burden among those who benefit", arises from this public policy analysis. Unfortunately, jurors today (and in spite of Holmes and Traynor's best efforts) still find little help for applying this leg of liability.read more