Word: holmeses
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Souter argues that under such a definition, lawhas four major characteristics: wide promulgation,the need for explicit interpretation,non-retroactivity, and consistent enforcement.Since morality is not one of these, Souter argues,Holmes belief that legality and morality areseparate is internally consistent on a priorigrounds.
"Much of what I will say is an attempt atarticulating views which seem to me implied in[Holmes'] quoted statements, but which to myknowledge he never developed," Souter wrote.
Souter's first chapter focuses on Holmes'conception of law. Souter says that Holmesbelieves laws are essentially prophecies of howfuture judges will interpret them. According toSouter, Holmes believes laws will serve as "guidesfor individual conduct of such a sort as to keepthe individual free from displeasing action of thecourts as...
From there, Souter shifts gears and looks atHolmes' ethical theories. Souter says that forHolmes, a moral term such as good or bad meant nomore than the "functional efficiency of a law inbringing about a result which the crowd...doesdesire," much as one would use the terms todescribe a physical object...
Souter uses this, too, to show that Holmes'theory is internally consistent. Holmes believes,Souter deduces, that the law must conform to thewants of the strongest in society in order tosucceed. Since in the real world these lucky turnof events for the strongest will not necessarilybe seen by all as...