Sunday, June 12, 2011

The Fundamental Holmes

OWHolmes After reading Heyman on Holmes as Mr. Hyde, one may be in need of a terrific primary source for Holmes' views on free speech.  Look no further than The Fundamental Holmes: A Free Speech Chronicle and Reader – Selections from the Opinions, Books, Articles, Speeches, Letters and Other Writings by and about Oliver Wendell Holmes, Jr., edited by Ronald K. L. Collins.

Paul Weizer's review in Law & Politics Book Review observes:

The main aim of this book is to explore the life of Holmes and the events which led to his free speech jurisprudence. This is done through a careful examination of the personal correspondence, public speeches and judicial opinions of Holmes. This book is billed as the first complete collection of works by Justice Holmes on matters related to free speech. However, it is more than just that. By providing letters and speeches, in addition to the traditional judicial opinions found elsewhere, Collins helps to provide a sense of the man and a view of the Justice.

Weizer does fault the book for having commentary "so thorough" that "often times it is unnecessary to read" the actual passages from Holmes.  Weizer also wonders about the intended audience for the book.  But for scholars citing Holmes' opinions, the book seems an invaluable resource for further contextualizations of the opinions and access to other primary sources.

RR

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Books, First Amendment, History, Scholarship, Speech, Theory | Permalink

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