This paper explores how and why American Supreme Court Justice Oliver Wendell Holmes' approach to free speech changed.
Term Paper # 103428 |
3,340 words (
approx. 13.4 pages ) |
9 sources |
MLA | 2008
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Abstract
The paper analyzes how Oliver Wendell Holmes' approach to the 1st Amendment freedoms of speech and press divulges a shifting opinion.
The paper discusses the factors behind the dramatic transition in his beliefs and notes that a man who spends his life in a state of learning will undoubtedly form new opinions where once cemented convictions stood.
From the Paper
"Close analysis of Oliver Wendell Holmes' approach to the 1st amendment freedoms of speech and press divulges a shifting opinion. The amendment, that Holmes is so famously associated with, reads as follows, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." As is typically the case with constitutional law, the "no law" mentioned above actually means "some law." Holmes himself defines the law as, "Prophecies of what the court will do in fact, and nothing more pretentious, are what I mean by the law (The Path of Law-OWH)." Written in 1897, this phrase serves as an excellent lens through which to view Holmes' evolving approach to free speech."
Tags:law, press, protection, amendment
Examines the life, career and major decisions of this Supreme Court justice (1902-1931), focusing on his legal, social and ethical philosophies.
Research Paper # 12429 |
3,375 words (
approx. 13.5 pages ) |
31 sources |
1997
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From the Paper
"HOLMES' THEORY OF LAW AND MORALITY
This research paper explores the philosophical thinking of
Oliver Wendell Holmes, Jr. (b. 1841, d. 1935), a Justice of the United States Supreme Court between 1902 and 1931, a distinguished jurist and prolific writer and speaker, concerning law and the relationship between law and morality and the way in which Holmes applied these concepts during his long career on the bench. Since his death, Holmes has been perceived in certain quarters by natural law theorists and others as having propagated a legal philosophy which is insufficiently moored in the moral underpinnings of Western and American civilization and as a somewhat unprincipled agnostic who took an unnecessarily harsh view of American society and the role and evolution of the law in mediating its conflicts."
Critical review of this 1943 work on 19th Century Supreme Court Justice Oliver Wendell Holmes Jr.
Analytical Essay # 19913 |
1,125 words (
approx. 4.5 pages ) |
6 sources |
1993
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"Max Lerner, author of The Mind and Faith of Justice Holmes, was a journalist, lecturer, author and educator born in 1902 in Minsk, Russia, and brought to America by his parents in 1907. He won a scholarship and attended Yale, graduating in 1923. He studied English literature, economics, and social theory. In 1927, he attended the Robert Brookings Graduate School of Economics and Government in Washington, D.C., where he received his Ph.D. (Kiffer, 1942, 505). He worked first as assistant editor at the Encyclopedia of Social Sciences beginning in 1927 and became managing editor. He was a member of the social science faculty at Sarah Lawrence College from 1932-35 and a lecturer in government at Harvard from 1935-46. He edited the Nation magazine from 1936-38. He taught at a number of colleges and universities over the next four decades and also served for a ..."
This paper explores how nature is portrayed in different literary works by such authors as Elizabeth Bishop, Ralph Waldo Emerson, Oliver Wendell Holmes, Jack London, Patrick Meyer, Henry David Thoreau and William Wordsworth.
Analytical Essay # 23437 |
2,100 words (
approx. 8.4 pages ) |
8 sources |
MLA | 2002
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This paper compares and contrast how nature is portrayed in a variety of literary works. The works included in this paper are Elizabeth Bishop's "The Fish," Ralph Waldo Emerson's "Nature," Oliver Wendell Holmes' "The Chambered Nautilus," and Patrick Meyer's "K2," Jack London's "To Build A Fire," Henry David Thoreau's "Walden, Or Life in the Woods" and William Wordsworth''s "The World is Too Much With Us." Some of the topics discussed include cruelty in nature, man's relationship with nature, the different elements of nature, the Romantic and Transcendentalist view of nature and the true communing of individual soul with nature. The paper concludes with the author tying all of these topics together by illustrating the similarities between human nature and nature itself.
From the Paper
"Emerson is most concerned about how Emerson sees nature, and would like to see nature better as an American. Emerson does not consider that while observing nature everyone is not only changed internally by nature, whether by cold or by beauty, but also that the observer changes nature itself, even in as simple as something as walking through the perfect and untrodden snow. Just as animal life impacts and is impacted by nature; human beings exist a part of nature and are subject to natural forces. These forces include but are not limited to cold, illness, injury, death, birth, and seasonal extremes. The metaphor of the only observing eyeball denies such an impact."
Tags:wordsworth, emerson, holmes, thoreau, bishop, london
A rhyme scheme and symbolic analysis of "The Chambered Nautilus" by Oliver Wendell Holmes.
Analytical Essay # 41406 |
650 words (
approx. 2.6 pages ) |
1 source |
2002
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This paper will discuss the poem "The Chambered Nautilus" by Oliver Wendell Holmes and seek to understand the symbolic uses and rhyme schemes for this poem. In this manner, we can delve into the poetic style that Holmes is using to voice his views on music and the sea.
This paper examines three legal cases to explore the issue of law versus justice.
Case Study # 68742 |
2,070 words (
approx. 8.3 pages ) |
5 sources |
MLA | 2005
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This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.
Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe
From the Paper
"Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."
Tags:conformity, abstract, rules, welfare, holmes
An analysis of the war film genre of "Platoon" by Oliver Stone.
Analytical Essay # 134680 |
750 words (
approx. 3 pages ) |
2 sources |
APA |
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The paper explores the plot, characters, and the biographical background of Oliver Stone's film "Platoon". The paper explains that by realizing the intensive mix of history and personal accounts of Stone's own involvement in the war, he provides a crucial moral controversy about the nature of warfare. Furthermore, the paper discusses how he defines central moral problems with American imperialism, and how the lower class soldiers fighting the war were equally doomed as their equally poor Vietnamese enemies whom they fought.
Tags:war, vietnam, oliver
This paper provides a biography of Oliver Kellogg, and his book, "Foundations of Potential Theory".
Essay # 5529 |
1,235 words (
approx. 4.9 pages ) |
4 sources |
MLA | 2001
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$ 25.95
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This paper looks at the life of Oliver Dimon Kellogg, who spent much of his time researching and advancing potential theory in the world of mathematics. The author discusses his contributions to math and physics, still used today.
From the Paper
"When the country no longer required his services, Kellogg was sent to Harvard University. Here he explored a few new mathematical venues before returning to his groundbreaking work in Potential theory. The 1920s were in many ways a decade of inspiration for artists, writers, mathematicians, scientists, and other thinkers across the globe. The war had dampened many spirits, but others saw its finale as a chance for new hope -- for a future without war. Others saw it as a future that was considerably grimmer, yet still full of the possibilities that only the realization of one's own finite nature can bring."
Tags:oliver, harvard, princeton, potential, theory, mathematics, physics, text, foundations, university, fellowship, dissertation
A comparison of Edgar Allen Poe's character C. Auguste Dupin with Arthur Conan Doyle's Sherlock Holmes, with an analysis of why the latter is so much more famous than the former.
Comparison Essay # 66290 |
3,145 words (
approx. 12.6 pages ) |
11 sources |
MLA | 2006
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The paper identifies Poe as the inventor of the genre of detective fiction, with his character C. Auguste Dupin, who was introduced in "The Murders in the Rue Morgue". The paper compares Dupin's character with that of Sherlock Holmes, as Holmes is described by creator Doyle in "The Hound of the Baskervilles", and notes many similarities between the two fictional detectives. It then analyzes the claim that Sherlock Holmes was based on the real life doctor Joseph Bell, with whom Doyle was well acquainted. After returning to a comparison of Dupin and Holmes, the paper reviews the first person narrator of the Holmes stories, Dr. John Watson, and concludes that Doyle did not base his detective on Poe's work. The paper also reviews other early detective novels, going back to the Greek Herodotus and returning to 19th century Europe and America, before resuming its comparison of Poe and Doyle and finding the former to be a better writer. The paper quotes various Holmes stories, and discusses adaptations of those stories to stage and screen, noting Holmes' incredible popularity and lamenting the lack of same for Dupin. In conclusion, the paper finds Holmes to be Dupin's spiritual successor, if not actually drawn on him, and finds the similarities to be, in Holmes' words, "Elementary!"
From the Paper
"In fashioning the detective story, Poe eschewed the very ideal of most writers that truth is not necessarily the object of literature. Truth was very much the object in the short stories of C. Auguste Dupin. So why do critics say that Poe "invented" the detective story? Surely, there were detectives working prior to 1841, and surely, some of the stories before Poe had been about crime and criminals. The reasons given include the creation of classic rules of detective fiction that has survived through Doyle and Agatha Christie, Dorothy Sayers, the two men who write under the name Ellery Queen, to Dashiell Hammett and even Mickey Spillane."
Tags:detective, genre, Bell, inspiration, Watson
An analysis of Sir Arthur Conan Doyle's famous fictional detective, Sherlock Holmes, Holmes' antagonists, and his method of solving crimes.
Analytical Essay # 66227 |
3,443 words (
approx. 13.8 pages ) |
6 sources |
APA | 2006
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This paper discusses and analyzes the famous fictional detective created by Sir Arthur Conan Doyle, Sherlock Holmes, and the belief, held by many critics, that the character of Holmes was based on an actual acquaintance of Doyle. Through an examination of some of Doyle's Sherlock Holmes mysteries, the method Holmes used to solve crimes, the antagonists in the stories and the character of Sherlock Holmes, the paper explains just why many critics believe that Doyle based the character of Sherlock Holmes on one of his true life doctor friends.
From the Paper
"Sherlock Holmes, while not the first popular fictional detective (that honor surely goes to Poe's Arsene Lupin) was surely the character that has outlasted the Victorian times in which his adventures were first written by Arthur Conan Doyle. What makes the character still so viable, including the popular movies of the 1930s and 1940s with Basil Rathbone as Holmes and Nigel Bruce as Dr. Watson, and the popular British television series featuring the late Jeremy Brett as Holmes; is that this is not "find the murderer" as in the stories of Dashiell Hammett and Ellery Queen and Agatha Christie (among others), but a series of deductive reasonings, focusing on facts the police overlooked or disregarded. In Holmes stories, including "The Blanched Soldier", and "The Sign of the Four", Holmes is quoted as saying "When you have eliminated the impossible, whatever remains, however improbable, must be the truth." Unlike many modern mysteries there is neither a "red herring" nor what Alfred Hitchcock referred to as a "Maguffin"- a somewhat obvious but, in the end, misleading clue. There is seldom a twist or quirk in the Holmes stories. And, there is seldom even violence or confrontation between Holmes and "the guys who done it"."
Tags:original, joseph, bell, doctors, deducing, surgery, reichenbach, falls, edinburgh, villains