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Issues of Theory and Practice
. Tambov: Gramota, 2011. № 2. Part 1. P. 13-15. ISSN 1997-292X.
SCIENTIFIC AREA: Political Science
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O. HOLMES'S HISTORICAL-REALISTIC APPROACH TO LAW COGNITION

Adygezalova Gyul'naz El'darovna
Kuban State University


Abstract. In the article the law history conception of the American law realist O. Holmes is researched. Studying common law problems O. Holmes underlined that the norms which are artificially preserved only due to the earlier formed customs interfere with the effective force of law. The author supposes it is the historical-realistic approach that allows revealing such norms and understanding the social conditions which caused them.
Key words and phrases: социологическая юриспруденция, история права, реалистическая теория, общее право, sociologic jurisprudence, law history, realistic theory, common law.
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References:
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  6. Holmes on Codification and the Scientific Arrangement of the Law // Justice Oliver Wendell Holmes. His Book Notices and Uncollected Letters and Papers / ed. and annotated by H. C. Shriver; introd. by H. F. Stone. New York, 1973.
  7. Pollock F. Mr. Justice Holmes // The Holmes Reader. The Life, Writings, Speeches, Constitutional Decisions, etc., of the late O.W. Holmes, Associate Justice of the Supreme Court of the United States, as Well as an Evaluation of His Work and Achievements Authorities selected and ed. by Julius J. Marke. N.Y., 1995.

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