1

Introduction to Oliver Wendell Holmes, Jr. The Common Law 2. Introduction

to Felix Frankfurter, the Reading of Statues

Name

Institution

Course

Date
 2

Section 1. Introduction to Oliver Wendell Holmes, Jr. The Common Law

Oliver Wendell Holmes, Jr. was a Supreme Court Judge who was widely regarded as the

founder of legal realism. He had a substantial impact on the evolution of the law. Holmes, as

noted by Panzarella & Vona (2013), advanced the Theory of Pragmatism, which argues that the

law should be founded on the needs of the people and the state of affairs of the time rather than

on conventional or natural law. His most famous work, The Common Law, explores the history

of law and legal systems, focusing on the idea that law is a product of social or political goals

rather than logic.

During Holmes' lifetime, the law was undergoing a significant transformation, as

legislatures created more and more of the law, and judges created less and less of the law. Choo

(2020) stated how Holmes argued that lawmaking should be done by elected legislators and

applied to cases by the courts as literally as possible. Holmes, per Panzarella & Vona (2013),

helped shape the concept of legal realism, which holds that the law should be grounded in the

practical concerns of society rather than abstract principles of right and wrong. In the

Metaphysical Society, where prominent American Pragmatist William James was also a

member, he participated. Holmes held that the law should reflect the will of the people rather

than a fixed set of ideas. The argument has been used to explain the growth of federal authority

in sectors including the economy, labor practices, education, healthcare, and criminal justice

(White, 2021).

Holmes's views on the law have been highly influential in the development of modern

law. His opinions still shape legal policy today, and his ideas on legal realism are still relevant to

current debates on the judiciary's role. His belief that law should be based on the people's will

and not on immutable principles is still a powerful concept in modern society.

 3

Section 2. Introduction to Felix Frankfurter, the Reading of Statues

The chapter provides an overview of the life and works of Felix Frankfurter, a renowned

judge, lawyer, and professor who played an instrumental role in the legal realism and judicial

restraint movements (Panzarella & Vona, 2013). Frankfurter argued that the courts should be

very reluctant to declare laws unconstitutional. He believed that Congress and state legislatures

were also responsible for preserving liberty, even when rules seemed to infringe on constitutional

rights. Panzarella & Vona (2013) note how Frankfurter strongly influenced the interpretation of

statutes, which he believed should be interpreted according to their overall purpose and spirit

rather than their literal meaning.

Frankfurter's legacy is still relevant today, particularly in constitutional law. His views

on legal realism and judicial restraint are still widely discussed and often referred to when

considering questions of judicial review. Furthermore, his thoughts on interpreting statutes have

been highly influential in developing legal reasoning. Frankfurter's legacy is also relevant in

terms of civil liberties and protecting the rights of the underprivileged. His strong advocacy for

the rights of the needy in the workplace and his opposition to the unfair legal proceedings in the

Sacco and Vanzetti case are useful reminders of the value of ensuring legal equality for all

citizens.

Frankfurter's legacy is a testament to the importance of judicial restraint and civil

liberties. His views on legal realism and judicial restraint are still highly relevant today, and his

thoughts on the interpretation of statutes have had a lasting impact on legal reasoning. His work

to protect the rights of the poor serves as a powerful reminder of the need of upholding legal

equality for all people.

 4

Reference

Choo, H. T. (2020). Oliver Wendell Holmes: A Life in War, Law, and Ideas.

Panzarella, R. A. & D Vona, (2013). Criminal Justice Masterworks A History of Ideas about

Crime, Law, Police, and Corrections (Revised Printing)

Podolsky, S. H. (2022). Oliver Wendell Holmes, Racism, and Remembrance. Bulletin of the

History of Medicine, 96(4), 484-515.

White, G. E. (2021). 1. The Formation of an Eastern Establishment. In The Eastern

Establishment and the Western Experience (pp. 11-30). University of Texas Press.