Judicial Restraint Of Holmes

The Philosophical Foundation of holmes's judicial restraint is rooted in The philosophy of Pragmatism of America which permeates in his theories such as Legal prediction theory, rules interpretation theory and famous theory of experience .He claims that we can not get the results of concrete cases from the general propositions and judgements must take consideration of social requirements .He rejects to apply laws mechanically and take the judges as spokesman of law. In legal field ,judges should make analysises and judgements in light of legal logic .in life field , life logic replaces legal logic in the process of judgement . This kind of judicial method can encourage judges to use laws actively and not to take laws as just ossified rules .Through analyzing cases from the aspects of experience, we can realize both general justice and individual justice .