Oliver Wendell Holmes (1984 - 1935), known as The Great Dissenter,, associate justice of the United States Supreme Court, U.S. legal historian and philosopher who advocated judicial restraint. He stated the concept of “clear and present danger” as the only basis for limiting the right of freedom of speech.
Justice Holmes theory
Holmes believed that the making of laws is the business of legislative bodies, not of courts, and that within constitutional bounds the people have a right to whatever laws they choose to make, good or bad, through their elected representatives.
In his rejection of natural law, Holmes laid the groundwork for the contemporary era of jurisprudence, where judges came to look to their visions of the future more than to documents and doctrines of the past, and thus to take on a new and far more active role in the constitutional order.
No comments:
Post a Comment