General propositions do not decide concrete cases. The decision will depend on a judgement or intuition more subtle than any articulate major premise.

Oliver Wendell Holmes, Jr.

Lochner v. New York

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More information about this quote

Topic

Legal theory

Author

Oliver Wendell Holmes, Jr.

Source

Lochner v. New York

Medium

Supreme Court opinion Legal opinion

Genre

Dissenting opinion Legal writing

Language

English

Time

1905 1900s 20th century

Occupation

Supreme Court Justice Judge Lawyer

From

United States

Authentication Score 2

Citation

Holmes, Oliver Wendell, Jr. Dissenting Opinion. Lochner v. New York. United States Reports, vol. 198, 17 Apr. 1905, pp. 74-76. Justia, https://supreme.justia.com/cases/federal/us/198/45/.

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A quote by Oliver Wendell Holmes, Jr. about legal theory: “General propositions do not decide concrete cases. The decision…”
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Related Quotes

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Another quote from the 1900s

I must go down to the seas again, to the lonely sea and the sky,
And all I ask is a tall ship and a star to steer her by.

John Masefield

Sea-Fever

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Read this poem at Poetry Foundation
More information about this quote
Topic
Sailing Ocean and sea

Author

John Masefield
Source
Sea-Fever
Medium
Poem
Language
English
Time
1902 1900s 20th century
Authentication Score 3
Original Citation

Masefield, John. "Sea-Fever." Salt-Water Ballads. London: Grant Richards, 1902, I. 1.

Current Citation

Masefield, John. "Sea-Fever." Sea Fever: Selected Poems of John Masefield, edited by Philip W. Errington. Carcanet Press, 2005, I. 1.

Another quote about Legal theory

It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty.

John Marshall

Marbury v. Madison

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More information about this quote
Topic
Judicial supremacy Separation of powers Constitutional theory Legal theory

Author

John Marshall
Source
Marbury v. Madison
Medium
Supreme Court opinion Legal opinion
Genre
Legal writing
Language
English
Time
1803 1800s 19th century
Authentication Score 2
Citation

Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.