The Hidden Holmes
Subtitle: His Theory of Torts in History
Publisher: Harvard University Press
Published: March 1996
Language: eng
Format: Hardcover
Number of pages: 280
ISBN-13: 9780674390027
Subjects: Central government; Courts & procedure; Private, property, family law; United States; Private Law; U.S. Supreme Court; Law; Politics / Current Events; Reference; USA; General; Contributions in torts; Holmes, Oliver Wendell; Law / General; History; 1841-1935; Holmes, Oliver Wendell,; Strict liability; Torts
Description: This book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is one of the founders of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence in order to favor industrial development.

Marshaling the evidence found in Holmes's classic The Common Law and other writings, Rosenberg reveals that the opposite was the case, and, in the process, raises troubling questions about the current state of legal scholarship.