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O.W. Holmes, Jr. Assignment
Amanda Rhodes
Liberty University
GOV 345-D02: Jurisprudence
Professor Edward Soto
April 17, 2023
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O.W. Holmes, Jr. Assignment
Introduction
In O.W. Holmes, Jr’s. “The Path of Law”, he spotlights the nature of common law, as
well as illustrations regarding the matter. Holmes specifically illustrates “the importance of the
distinction between morality and law” (Holmes, 1897). Below will describe Holmes’ application
of ontology, epistemology, axiology, and teleology as well as the visionary illustration of
common law, while also demonstrating any of Llewellyn’s 9-Point Manifesto of Legal Realism
that may be used in Holmes’ article.
Ontology, Epistemology, Axiology, and Teleology
Holmes discussed his viewpoint on outcome prediction and asserted that the focal point
of legal studies is based on how public force will demonstrate itself through the substructure of
the law. Holmes references ontology through the law as stated, “a legal duty so called is nothing
but a prediction that if a man does or omits certain things he will be made to suffer in this or that
way by judgment of the court; and so of a legal right” (Holmes, 1897). Holmes identifies the
continuity that the legal profession possesses as something natural.
Holmes identifies the difference between the law and morals by comprehension and
knowingness of the law. This is also known as epistemology. Which in this article, Holmes
creates a clear line between legality and morality. As stated, “Take again a notion which as
popularly understood is the widest conception which the law contains—the notion of legal duty,
to which already I have referred. We fill the word with all the content which we draw from
morals” (Holmes, 1897). The determining factor of whether one’s actions are unlawful or
immoral lies within the consequences.
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It is apparent in Holmes’ writing that he has a firm rationalist belief regarding how one
masters the law and its value. Holmes further attempts to examine what a true value of the law is
by way of the law and its relevance. The axiological theory in this article is that of the law and its
value. Further, Holmes affirms what the legal professions means to society as a whole and what
impact it has on one’s day to day life. As stated, “When we study law we are not studying a
mystery but a well-known profession” (Holmes, 1897).
Further, the teleological theory discussed by Holmes is that “that all law emanates from
the sovereign, even when the first human beings to enunciate it are the judges” (Holmes, 1897).
Holmes additionally touches on the law and its main purpose which is a teleological theory
approach. Holmes perception is that the purpose of the law will fail if it does not meet what
society needs. As stated, “It is all one to my present purpose. Even if every decision required the
sanction of an emperor with despotic power and a whimsical turn of mind, we should be
interested none the less, still with a view to prediction, in discovering some order, some rational
explanation, and some principle of growth for the rules which he laid down (Holmes, 1897).
Llewellyn’s 9 Point Manifesto of Legal Realism
Legal realism has a strong impact on the way the law is perceived in today’s society.
Legal realism further brings attention to how an attorney’s professional conduct sways the
outcome of a judge’s ruling. Holmes’ viewpoint are mostly in agreement with Llewellyn’s 9
Point Manifesto of Legal Realism, which states “we’re to look at the law the way a bad man
would with an eye to consequences” (Legal Realism, 2019, 1:26-1:29). Holmes further echoed
his theory that lawyers cannot make a judgment call on a case without proper facts and pertinent
details.
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Conclusion
In conclusion, Holmes reiterates throughout his article the distinction between legality
and morality and stressed his theory on using reasoning instead of logic. Understanding Holmes’
theory on ontology, epistemology, axiology, and teleology is pertinent regarding common law.
Holmes additionally provided in his theory that judicial outcome can aid in the establishment of
the laws going forward.
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References
Holmes, O.W. (2006). The Path of the Law: 10 Harvard Law Review 457
(1897).
Govt 345 Module 4: Presentation: Legal Realisim. Retrieved from
https://canvas.liberty.edu/courses/428812/pages/watch-legal- realism?
module_item_id=49247026
Walters, E. (2018). The
Model Rules of
Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
Walters, E. (2018). The
Model Rules of
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Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
Walters, E. (2018). The
Model Rules of
Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
