Wittgenstein Tests Mr. Justice Holmes: On Holmes’s Proposal to Separate Legal Concepts from Moral Concepts

Authors

Thomas D. Eisele, University of Cincinnati College of Law

Publication Title

Washington University Jurisprudence Review

Abstract

Do the comments of Mr. Justice Holmes on American law interest us today? Are Holmes's remarks on what law is, or about legal education in America and how we might study and learn our legal system, important to today's legal world? If Stanley Cavell is correct in thinking that philosophy—whether old or new— demands a say in testing anything that claims our interest, or that purports to have a place of importance in our lives, then these questions asked of Holmes's writings are genuine philosophical queries.

Recommended Citation

Thomas D. Eisele, Wittgenstein Tests Mr. Justice Holmes: On Holmes’s Proposal to Separate Legal Concepts from Moral Concepts, 2 Wash. U. Jur. Rev. 252 (2010).
Available at: https://openscholarship.wustl.edu/law_jurisprudence/vol2/iss2/3