 | Sibyl A. Schwarzenbach, Patricia Smith - 2003 - 424 pages
...Constitutionalism, 209-47. 36. Justice Blackmun put the point acidly: "Like Justice Holmes, I believe that 'it is revolting to have no better reason for a rule...simply persists from blind imitation of the past.' " Bowers, 478 US at 199 [quoting Oliver Wendell Holmes, "The Path of the Law", Harvard Law Review 10... | |
 | Mark Salber Phillips, Mark Phillips, Gordon J. Schochet - 2004 - 348 pages
...'It is revolting,' as Oliver Wendell Holmes lectured a Boston University Law School audience in 1897, 'to have no better reason for a rule of law than that...the rule simply persists from blind imitation of the past.'8 Deference to the past accordingly involved more than an attitude of 'blind imitation.' For... | |
 | Richard A. Posner - 2004 - 474 pages
...or believe that it ought to have a "special power" over the present. As Holmes memorably remarked, "It is revolting to have no better reason for a rule...than that so it was laid down in the time of Henry IV."37 Yet the two types of judge may not be as different as they seem. I said earlier that history... | |
 | David L. Faigman - 2004 - 440 pages
...have no greater claim to sanctity other than their advanced age. As Oliver Wendell Holmes Jr. put it, "It is revolting to have no better reason for a rule...than that so it was laid down in the time of Henry IV."10 Still, many doctrines today were crafted decades or centuries ago and enforce in the present... | |
 | Ḥanokh Dagan - 2004 - 402 pages
...1001, 1005120031. " As Justice Holmes famously remarked: "It is revolting to have no better reason fora rule of law than that so it was laid down in the time of Henry IV." OLIVER W. HOLMES, The Path of the Law, in COLLECTEO LEGAL PAPERS 167, 187 119201. Even the strongest... | |
 | Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 794 pages
...quoting Lochner v. New York, (1905), (Holmes, J., dissenting). Like Justice Holmes, I believe that "[i]t is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was... | |
 | Philip G. Peters Jr. - 2004 - 278 pages
...Bowers v. Hardwick. 478 US 186, 199 (Blackmun, J., dissenting) ("Like Justice Holmes, I believe that "it is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV" [citing Oliver Wendell Holmes, "The Path of the Law," 10... | |
 | Evan Gerstmann - 2004 - 240 pages
...Ibid. » Ibid, at 25. 34 Eskridge at 16. « Ibid, at 35. Oliver Wendell Holmes declared in 1897, it 1s "revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV."37 And as Sullivan points out, the institution of marriage... | |
 | Allan C. Hutchinson - 2005 - 314 pages
...considerable disagreement over why and how it matters. Taking as their slogan Holmes' statement that "it is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV,"13 modern jurists look as much to the substantive values... | |
 | Russell B. Goodman - 2005 - 322 pages
...necessary. Historical inquiry aims toward reform. Rather than blindly follow a rule for no better reason than that "so it was laid down in the time of Henry IV,"82 the judge and commentator should recognize that "the present has a right to govern itself so... | |
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It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation... 
