It takes issue with the ideas of Karl von Savigny and his fixation on Roman antecedents. It cites Julien Lehuerou on the impo
It takes issue with the ideas of Karl von Savigny and his fixation on Roman antecedents. It cites Julien Lehuerou on the importance of proceeding theoretically and quotes Hankford at length on the responsibilities of bailors. One of this work's key themes is the relationship between form and substance, illustrated in its discussion of the Peerless case. Although it adopted the same historical approach as an earlier work by Henry Summer Maine, it originated from a series of twelve lectures its author prepared for the Lowell Institute, and was probably inspired after a reading of C.C. Langdell's work on Contracts. Including such notable sections as "Successions," "Early Forms of Liability," and "Trespass and Negligence," it famously begins by asserting, "The life of the law has not been logic: it has been experience." For 10 points, identify this 1881 work named for the body of principles and rules that originates not from the legislature, but from judicial decisions, the masterpiece of Oliver Wendell Holmes, Jr.
It takes issue with the ideas of Karl von Savigny and his fixation on Roman antecedents.
The Common Law