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License Agreement on scientific materials use.
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O. HOLMES'S HISTORICAL-REALISTIC APPROACH TO LAW COGNITION
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Gyul'naz El'darovna Adygezalova
Kuban State University
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Submitted:
March 14, 2011
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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.
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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:
- Сырых В. М. Логические основания общей теории права: в 2 т. М., 2004. Т. 1. Элементный состав.
- Cardozo B. N. 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.
- Holmes O. W. Law and the Social Factor. // 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.
- Holmes O. W. Law in Science and Science in Law (Harvard Law Review 443 (1899)) // 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.
- Holmes O. W. The Path of the Law // The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. / ed. and with introduction by Richard A. Posner. Chicago, London: The University of Chicago press, 1992. P. 160-177.
- 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.
- 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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