Holmes and USA legal pragmatism

["Holmes: legal pragmatism" (Heilongjiang University press2009Edition) is the completion of my two years ago introduced a America jurist Holmes (Oliver W. Holmes, Jr.) legal thought booklet, famous Western philosophers of law books by Lv Shilun, Professor Xu Aiguo editor of the "one" (first series). Recently finishing bookshelf, he turned up, be "postscript" recorded at the time of the mood of the infection, smell the taste of rain, mind not drifted to the past bit...... Then the book "postscript" as recorded in this, only for a passing miss. ]

 

   It is a four a.m., it seems vaguely heard a bird singing, perhaps only we do not listen to the sounds of nature, in the quiet quiet background clear up. Finally completed the manuscript writing, open the window, a cool Qinru the whole body and mind, the surrounding buildings seem to settlement, and I was facing the snow solidifying moonlight starlight step to the sky......

   The research of Holmes and jurisprudence of the manuscript was finally completed, in the new year at the beginning of winter night, my feeling, a Italy singer Andre Boccelli (Andrea Bocelli) the classical and romantic voice and melody, while cleaning up the creative process as well as the entire manuscript accompanied these fragments.

   Research on America famous jurist, judge of the Supreme Court of Mr. Holmes and jurisprudence, began six years ago the Weiming lake, it is a I still often relive the beautiful time, because it just as boyada under the limpid water of the lake, Dangqi ripples will rain, a long time can not be dispersed. With this section of beautiful time, is the two first I want to thank the people. One, is my tutor Professor Xu Aiguo, he is a scholar of the transmission character guidance, care and education, will be an ignorance of students into the legal academic hall, he infection and the impact on me is still continuing, spreading; second, is my research students Li Xia, she is a bright smile and deep emotions and I drift about heart, for a young man, it seems better than the truth and preach any, pure Mo into Chong creational and goals and life, now she became my wife.

   Legal study and research career in, Holmes is always I never give up, never give up the research topic, there are many reasons, one of the most important is, each read a Hough's writings or others on the interpretation of the thought, will form a new feel and understand. I believe that, whenever there is the spirit of exploration of the people at least, not in spite of difficult yet more enjoyable reading and study to give up this. Here, I want to thank my doctoral research professor Zhang Jinfan tutor, follow his school, always encourages me to Mr. while academic accumulation of innovation, special attention should be given to the comparative study of eastern and western legal culture, it is under Sir its rigorous scholarship and hard academic creation infection, I constantly to reflect on their own and summary. Then, in 2007, I will have read and translate down to intensive reading and the part of Holmes's important works written collated, compiled into a book, courtesy of Tsinghua University law school professor Gao Hongjun and Tsinghua University press Fang Jie teacher's wisdom and support, to "the life of law is experience -- Holmes jurisprudence". Publishing, lucky readers advice not to abandon, in academic research faith establish helpful.

   Thereafter, for social identity by students to shoulder teaching staff, and therefore have to be very careful feeling, Mongolian Beihang University law school dean Long Weiqiu, Secretary Zhang Huiling, high Quanxi Professor, Professor Liu Baoyu, Professor Zhao Ming, Professor Sun Xinqiang and other senior scholars concern, understanding and support, I was able to complete the teaching job at the same time further, study and research of Holmes thought and jurisprudence. Especially he / personality and work attitude of their, deeply moved and inspired me as a younger generation, constantly strive to pursue and explore, in return for his / her sincere encouragement and expectations. In addition, it is worth mentioning is, those students clear eyes in my class, I saw that a thirst for knowledge and ideas of young and beautiful heart, which has been and will always be prompted me to learn more and the original dynamic research.

   Here, I would also like to thank Professor Xu Aiguo of Renmin University of China law school professor Lv Shilun and Peking University law, it is in their planning, editing and invited, I had the honor to participate in this series of works; in addition, would also like to thank the Heilongjiang University press's leadership and everybody edits, especially Mr. Meng Qingji, they are the determination and hard work, the book can be published successfully.

   Finally, and most makes me quite a lot of guilt and guess is in the Yan city to raise my parents for many years, real life is always will I involuntarily into the unknown, may have some harvest and harvest joy, but let me at least still not comfort, that as a son I can not in the parents of anterior knee to filial piety, but only in the distance across the numerous hills and streams at night I am familiar with that little bit of the light......

 

                                                                                 MingHui

                                                       January 12, 2009 morning

At home in Beijing

 



(back and front)

 

Attached: "Holmes: an introduction to the legal pragmatism" content

   Holmes is the history of western legal thought a great and romantic, erudite and intelligent, rational and eloquent jurists, but also American Federal Supreme Court history "the great dissenter" and judge the greatest, known as "the English world history's greatest jurists and legal scholars".

  This book from the personal life and academic background, thought origin and formation of the common law theory, law, Holmes's prediction theory, judicial practice, different dimensions, and compare other thinker or philosopher jurisprudence thought status and influence, simple and true interpretation of the jurisprudence and legal thought, which presents the initial USA modern jurisprudence picture.