Monday, February 3, 2014

Path of Law (Holmes) by Tosin Onibiyo

From the first few pages into studying the path of law (Going to be breaking the pages down most likely like this to get full and better summary of what I am summarizing), Holmes talked about the reason why Law is a profession in the society today; which he explained as "in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees." 
He further explains how law has become a business because the society will do Anything to figure out what they battling against. All in all, Holmes concluded saying prediction is where it all lies. 

Furthermore, he discusses the oracle of law processes: "from a lawyer's statement of a case, eliminating as it does all the dramatic elements with which his client's story has clothed it, and retaining only the facts of legal import, up to the final analyses and abstract universals of theoretic jurisprudence" (Page 991). Here, he explained how the lawyer deals with his client after making a contract with each other, and how the lawyer "hid" his client from the public force so as to not let the public into the private situation and jeopardize the whole case. 

Reading more from this chapter, Holmes tend to describe between morality and law. He said "if you want to know law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience" (P 993). In addition, he explains how law talks about duties, rights, intents of things. And when explaining about morality, he demonstrated it as the law being full of "phraseology drawn from morals, and by the mere force of language continually invites us to pass from one domain to the other without perceiving it, as we are sure to do unless we have the boundary constantly before our minds" .... (To be continued) 

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