Interpretation Of Holmes' Pragmatic View Of Law

Holmes is an important founder of the American realist law school.He is called the "greatest legal pragmatist" of the United States.Holmes' s thought has important reference significance to the judicial practice of all countries in the world.Holmes' s pragmatic view of law is a judicial philosophy that emphasizes the role of experience.At the same time,it believes that logic and experience are not mutually exclusive,but each plays its role and is indispensable.Predicting the law through the "bad guy" perspective will cause him to bear the negative consequences,thus avoiding such consequences.Such prediction is the essence of law,but there are logical contradictions between the bad guy theory and the prediction theory,because other than the bad guys others will also predict the behavior of the judge.At the same time,he believes that morality is another form of power control.Confusing law and morality in judicial practice is a dangerous behavior.It is necessary to strictly distinguish the boundary between law and morality,but it also requires that the moral starting point of responsibility should never be forgotten.Holmes' s thought opened the beginning of pragmatic jurisprudence,guided the research direction of sociology of law,and laid the foundation for the sociology of modern American law.Its thoughts also have important inspiration for the construction of the rule of law in China,which is conducive to the rule of law,is conducive to deepening judicial reform,and is conducive to promoting law-abiding for the whole people.