Monday, February 17, 2014

Natural Law, Holmes. By Tosin Onibiyo

As confusing as this chapter was for me, I was still able to grasp a few things Holmes was trying to verbalize here. Holmes' definition of the truth was "the system of my (intellectual) limitations, what gives it objectivity is the fact that I find my fellow man to a greater or less extent (never wholly) subject to the same Can't Helps." In addition, the truth to him "was the majority vote of a nation that could lick all others," "property, friendship, and truth have a common root in time." I believe here, Holmes is laying a foundation for natural law which is 'the truth.' Under his definition of "truth" as mentioned above; as that which is useful or helpful now and here, it is beyond any lawyer's ability; as it is actually beyond the ability of anyone to point to the constitutional truth of things.

 Holmes believes "It is true that beliefs and wishes have a transcendental basis in the sense that their foundation is arbitrary." He gave an arbitrary example of human wishing to live, and to be able to do so, humans are oblige to eat and drink to stay alive. Holmes understanding of legal realism and purposes shows his relationship to the natural law and natural traditions. The society and the law to Holmes are always in a flux. 

In conclusion, this chapter on Natural law displays nothing more than a dominant opinion. Here, Holmes lays the foundation for a judicial support and seeking out of such dominant opinion, and, simultaneously, judicial adversity towards the "weaker" opinions or entities that emerges not to support the strength and growth of the social organism.

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