Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

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  1. Oliver wendell holmes jr. legal theory and judicial restraint
  2. Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint
  3. Oliver Wendell Holmes, Jr., Legal Theory, And Judicial Restraint

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Oliver wendell holmes jr. legal theory and judicial restraint

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View: no detail some detail full detail. Front Matter Title Pages Dedication. Introduction The Law Lectures.

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

Chapter One Prologue. Chapter Two Logic. Chapter Three Science.

Legal Realism - Oliver Wendell Holmes Jr.

Chapter Four Induction. Chapter Five Realism. Chapter Six Dispute and Adjustment.


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Chapter Seven Principles. Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, [1] though what counts as obviously unconstitutional is itself a matter of some debate.


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  • Frederic R. Kellogg: Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint.
  • In deciding questions of constitutional law , judicially restrained jurists go to great lengths to defer to the legislature. Judicially restrained judges respect stare decisis , the principle of upholding established precedent handed down by past judges. When the conservative Rehnquist Court overturned some of the precedents of the more liberal Warren Court, Time magazine said he was not following the theory of judicial restraint.

    Judicial minimalists argue that judges should put great emphasis on adherence to stare decisis and precedent. Minimalists argue that judges should make only minor, incremental changes to constitutional law to maintain that stability.

    Oliver Wendell Holmes, Jr., Legal Theory, And Judicial Restraint

    They ask judges to do this by creating small, case-specific rulings rather than broad, sweeping rulings. The political question doctrine encourages courts to decline to rule in certain categories of politically controversial cases. Under this theory, a court acknowledges that the Constitution might have been violated but declines to act.