On Holmes Realistic Jurisprudence Major: Civil And Commercial Law

In the history of Western philosophy of human law has a pivotal position, its function and influence has gone beyond the scope of Western culture. Among this complex historical system, the great Oliver Wendell·Justice Holmes is a very controversial but very influential figure. On the one hand, the American Civil War so that Justice Holmes has a unique life experience, especially his American soldiers who learned the advantages and temperament, and brought into the field of law, which is the other American Justice no; on the other hand, many of the points he made at the time was thought to be more radical and weird. For example, he proposed the theory of legal experience point of view-that "the law is not logic but in life experience," and from the "bad guys" perspective to understand the legal point of view on the forccast, he also raised the moral law and the moral substance of separation skeptical view, and the like. The above theory of common American Legal Realism open the door and give rise foundation, at the same time, but also for the development of roads and the establishment of judicial jurisprudence America unique way to create a new situation. Therefore, these theories have enormous historical significance and value of the times.This article is broadly divided into the following five sections for Holmes realistic jurisprudence research:The first part of this article describes the significance of the topic Holmes realistic jurisprudence, the idea of literature review and research.The second part of the article from the biographies, historical background, ideological and philosophical basis of the origin of departure Holmes tells background realistic jurisprudence generated.The third part of this paper, the main theoretical Holmes realistic jurisprudence of elaborated, His experience includes theory, prediction theory, moral skepticism.The fourth paper focuses on Holmes’s theory of legal experience, legal theory and moral suspicion theories predict a comprehensive evaluation.The fifth part of this paper describes Justice Holmes’s realistic jurisprudence and inspiration to bring our country.