Oliver Wendell Holmess Relationship With Morality

A substantial debate over the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897, which outlined his view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, we will explore my general agreement with Holmes’ view on this matter. Then, the paper will consider an objection to my agreement with Holmes, and then reply to that objection. Finally, we will end by analyzing the discussion of the relationship between morality and law. In this paper, I will argue that Holmes does not believe that a writing must be†¦show more content†¦With a solid understanding of the nature of law according to Holmes, one may now determine whether or not Holmes viewed morality as a necessary condition for a writing to be considered a law. Based on the nature of the law outlined by Holmes, one can conclude that Holmes did not believe that a writing must be moral in order to constitute a law. As we have seen, the law is nothing more than a mechanism of prediction (Holmes, 184). According to this definition, a writing does not have to be grounded in morality in order to be considered a law, but rather just has to play a role in this prediction mechanism. In order to be considered a law, a writing must be a prediction of how state force will be used in the future or a past legal decision which could help make more predictions about how state force will be used. This leaves morality out of the necessary conditions of a writing to be considered a law. Holmes goes as far as to say that moral language confuses the distinction between morality and law (183). Furthermore, he says that he â€Å"often doubt[s] [whether] it would not be a gain if every word of moral significance could be banished from the law altogether† (H olmes, 185). This is in spite of Holmes noting that the law â€Å"tends to make good citizens and [morally] good men† (183). Also contrary to the hard line Holmes draws between morality and law, Holmes states that the law shows us the history and progression of morality in humans (183). These two facts show thatShow MoreRelatedOliver Wendell HolmesView On The Relationship Between The Law And Morality1560 Words   |  7 PagesA substantial debate regarding the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897. This work outlined Holmes’ view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, the paper will explore my general agreement with Holmes’ view on this matter. Then, the paper willRead MoreTorts study notes Essay171 10 Words   |  69 Pagesreviewed the record of early tort writings to determine what support they could find for this theory; they ended up merely reporting that â€Å"with the benefit of hindsight, it is possible to find . . . prefigurings of the modern economic approach in Holmes’s chapters on tort law and later articles by Ames and Terry.†19 Beginning with its first edition in 1941, the influential Prosser treatise suggested that deterrence, while it sometimes â€Å"has weight† in tort opinions, â€Å"seldom† is the â€Å"controlling† factor