In 1938, a year before he was called to the Supreme Court of the United States, Professor Frankfurter delivered three lectures at Harvard on Mr. Justice Holmes which conveyed with sympathetic insight Holmes's constitutional philosophy. He also wrote a remarkably sensitive biographical notice of Holmes for the Dictionary of American Biography. This book brings these works into one volume. -- from Foreword.
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
An eBook edition of this fine biography is now available. The print edition garnered extraordinary praise; a new preface brings this eBook edition up to date. Oliver Wendell Holmes, Jr. aspired to be a poet and philosopher, was wounded in the Civil War, courted aristocratic women, became one of the greatest judges in American history, and lived long enough to give advice to Franklin Delano Roosevelt. We see though Holmes’s eyes, and his searching intelligence, almost a century of American history and the slow growth of a new understanding of the Constitution. “An ideal biography for the intelligent general reader... the fascination [Holmes] exerts, a combination of toughness and style, shines through this book.” — The New Yorker “[Novick] is the type of scholar who, though trained in law, asks Harvard’s Arnold Herbarium to identify some leaves pressed into an old love letter... One opens his book with high hopes, and as chapter follows masterly chapter the hopes mature into admiration of author and awe of subject.” — Edmund Morris, The New York Times “The book’s strength lies in its fast-paced vividness of narrative and its steadiness of belief in the wholeness and stature of Holmes as a man... Novick tells Holmes’s story with verve, insight, and a command of his material. Even his footnotes capture the reader.” — Max Lerner, The New Republic “[Holmes’s life] is stuff for great biography and Sheldon M. Novick has given us just that... a work of original and exact scholarship... concise and readable, yet provides enough historical and legal background to enable the nonspecialist to read the book with comprehension and pleasure.” — Hon. Richard A. Posner, The Wall Street Journal
By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
An influential justice who refused to bow to politics and devoted his keen mind to the U.S. Supreme Court until the age of 90, Oliver Wendell Holmes (1841-1935) helped formulate some of the most progressive judicial thought in 20th-century American history. G. Edward White first sketches Holmes's early years-his childhood in Boston, undergraduate years at Harvard, and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech.OXFORD PORTRAITS are informative and insightful biographies of people whose lives shaped their times and continue to influence ours. Based on the most recent scholarship, they draw heavily on primary sources, including writings by and about their subjects. Each book is illustrated with a wealth of photographs, documents, and memorabilia, framing the personality and achievements of its subject against the backdrop of history.
In 1912, a group of ambitious young men, including future Supreme Court justice Felix Frankfurter and future journalistic giant Walter Lippmann, became disillusioned by the sluggish progress of change in the Taft Administration. The individuals started to band together informally, joined initially by their enthusiasm for Theodore Roosevelt's Bull Moose campaign. They self-mockingly called the 19th Street row house in which they congregated the "House of Truth," playing off the lively dinner discussions with frequent guest (and neighbor) Oliver Wendell Holmes, Jr. about life's verities. Lippmann and Frankfurter were house-mates, and their frequent guests included not merely Holmes but Louis Brandeis, Herbert Hoover, Herbert Croly - founder of the New Republic - and the sculptor (and sometime Klansman) Gutzon Borglum, later the creator of the Mount Rushmore monument. Weaving together the stories and trajectories of these varied, fascinating, combative, and sometimes contradictory figures, Brad Snyder shows how their thinking about government and policy shifted from a firm belief in progressivism - the belief that the government should protect its workers and regulate monopolies - into what we call liberalism - the belief that government can improve citizens' lives without abridging their civil liberties and, eventually, civil rights. Holmes replaced Roosevelt in their affections and aspirations. His famous dissents from 1919 onward showed how the Due Process clause could protect not just business but equality under the law, revealing how a generally conservative and reactionary Supreme Court might embrace, even initiate, political and social reform. Across the years, from 1912 until the start of the New Deal in 1933, the remarkable group of individuals associated with the House of Truth debated the future of America. They fought over Sacco and Vanzetti's innocence; the dangers of Communism; the role the United States should play the world after World War One; and thought dynamically about things like about minimum wage, child-welfare laws, banking insurance, and Social Security, notions they not only envisioned but worked to enact. American liberalism has no single source, but one was without question a row house in Dupont Circle and the lives that intertwined there at a crucial moment in the country's history.
