Oliver Wendell Holmess Relationship With Morality

A substantial debate over the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897, which outlined his view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, we will explore my general agreement with Holmes’ view on this matter. Then, the paper will consider an objection to my agreement with Holmes, and then reply to that objection. Finally, we will end by analyzing the discussion of the relationship between morality and law. In this paper, I will argue that Holmes does not believe that a writing must be†¦show more content†¦With a solid understanding of the nature of law according to Holmes, one may now determine whether or not Holmes viewed morality as a necessary condition for a writing to be considered a law. Based on the nature of the law outlined by Holmes, one can conclude that Holmes did not believe that a writing must be moral in order to constitute a law. As we have seen, the law is nothing more than a mechanism of prediction (Holmes, 184). According to this definition, a writing does not have to be grounded in morality in order to be considered a law, but rather just has to play a role in this prediction mechanism. In order to be considered a law, a writing must be a prediction of how state force will be used in the future or a past legal decision which could help make more predictions about how state force will be used. This leaves morality out of the necessary conditions of a writing to be considered a law. Holmes goes as far as to say that moral language confuses the distinction between morality and law (183). Furthermore, he says that he â€Å"often doubt[s] [whether] it would not be a gain if every word of moral significance could be banished from the law altogether† (H olmes, 185). This is in spite of Holmes noting that the law â€Å"tends to make good citizens and [morally] good men† (183). Also contrary to the hard line Holmes draws between morality and law, Holmes states that the law shows us the history and progression of morality in humans (183). These two facts show thatShow MoreRelatedOliver Wendell HolmesView On The Relationship Between The Law And Morality1560 Words   |  7 PagesA substantial debate regarding the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897. This work outlined Holmes’ view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, the paper will explore my general agreement with Holmes’ view on this matter. Then, the paper willRead MoreTorts study notes Essay171 10 Words   |  69 Pagesreviewed the record of early tort writings to determine what support they could find for this theory; they ended up merely reporting that â€Å"with the benefit of hindsight, it is possible to find . . . prefigurings of the modern economic approach in Holmes’s chapters on tort law and later articles by Ames and Terry.†19 Beginning with its first edition in 1941, the influential Prosser treatise suggested that deterrence, while it sometimes â€Å"has weight† in tort opinions, â€Å"seldom† is the â€Å"controlling† factor

Jane Eyre Is a Romantic Novel Free Essays

Jane Eyre can easily be classified as a romantic novel. The term â€Å"romantic† usually brings to mind images of love , however, it is much more than that. It is filled with emotion and freedom and can also be seen as the main conflict of the narrative because that is what the characters central struggles evolve around which is why â€Å"Jane Eyre† which can easily be classified as a romantic novel. We will write a custom essay sample on Jane Eyre Is a Romantic Novel or any similar topic only for you Order Now Throughout the novel romance can be portrayed in many ways such as Berthas acts of arson. She is known as the â€Å"madwoman in the attic† and put Mr Rochester through â€Å"hideous and degrading agonies† as she went against Victorian morals and commited adultery. This act of madness cause Jane to save Mr Rochester, and when Jane extinguishes the literal flames it can be seen as a metaphor for the new ones she is about to kindle with Rochester. Berthas arson symbolizes her using the power of sexuality to destroy Rochester’s home however she has unintentially opened a new chapter of love in his life. Sharing the secret of the fire brings them both closer and their increased closeness causes Mr Rochester’s romantic feelings towards Jane to grow, finally resulting in him proposing to Jane adding to the romantic element of the plot. When Jane learns that Mr Rochester is already married she has to make the difficult decision of wether to leave him and her life at thornfield behind or not. Mrs Fairfax clearly warns Jane of the disagreements she is bound to have with Rochester when she explains to her â€Å"Gentlemen in his station are not accustomed to marrying their governesses†. Jane wishing to uphold the common life of a governess does not make her love Mr Rochester any less but it does create dangerous tension between them. The tense atmosphere now created may possibly contribute to Jane’s choice to run away from Thornfield which we see later in the story is the path she needed to choose in order to live the life she longed for with Mr Rochester. On the other hand, her decision may not have been made on the terms that it was morally wrong in society to be with a married man, the motive behind it was more likely to be based on her own emotions and love for Rochester. â€Å"My hand moved towards the lock: I caught it back and glided on†, this conveys that Jane had powerful feelings for Rochester and could not commit to a man who could not fully commit to her. She has let her heart over rule her mind and the stubborn tone here highlights that Jane knows she is making the right decision as her emotions always benefit her. This intensity of emotions conveys that â€Å"Jane Eyre† can be easily classified as a romantic novel. The decision to leave Mr Rochester adds to the romantic element of the novel as it leads Jane down a path that will have her make decisions that will majorly effect her outcome in life and love. As she moves on to Moor house and meets St. John, he proposes to marry her as she would make the perfect wife for the missionary life that he leads. The entire reason this shocking marriage is proposed is because St. John firmly thinks that â€Å"God and nature intended for a missionary’s wife†. This occurs only because St. John notices that Jane fits the role of a missionary wife and a wife would aid him in pursuing his ultimate goal, to live the common life of a missionary. He does not take Janes feelings into consideration and she refuses this lifestyle. The lifestyles of a governess, missionary, and member of high society cause conflicts that have a meaningful effect on the romantic plot of Jane Eyre. Furthermore like St. John, Jane’s heart belongs to someone else and she uses harsh imagery to project her emotions and refer to him as â€Å"a stranger – unsympathizing alien† and refuses this proposal. Women in the 18th century were expected to marry in order to make something of themselve’s as they had no other role to play in society, so some may have considered this refusal foolish as Jane would have to live a life of solitude and become an outcast. However, Jane’s refusal of a secure and exciting life causes her to follow her heart and once again persue her beloved Mr Rochester which is a crucial part of the romantic plot. The consequence of the romantic idea of following your emotions evokes changes in Jane’s life that effects the entire plot of the story, highlight that â€Å"Jane Eyre† can be easily classified as a romantic novel. Overall it is the romantic elements that Bronte uses such as the power of emotions and moral conflicts that causes â€Å"Jane Eyre† to be classified as a romantic novel. They effect the path in which Jane takes and are crucial to the romantic plot of the story which makes the novel unique to others. How to cite Jane Eyre Is a Romantic Novel, Papers

Comparisons of Bill Gates and Steve Jobs free essay sample

I think the decisions of both Bill Gates and Steve Jobs were unethical and wrong. To start with, they were both dropouts of college. Bill Gates was a drop out of Harvard University and Steve Jobs dropped out of Berkley University. Steve Jobs was adopted where as Bill Gates had his original family. Steve Jobs was a very odd man, to say the least. He was a hippie in the early days of his life. He did drugs such as acid. Bill Gates was a very plain boring person. He loved to play poker and was a very wreck less person in his actions. Steve Jobs did not develop the original ideas of Apple; instead, Steve Wazniack was the original inventor of the Apple Computer. Both Bill Gates and Steve Jobs went to MITS wanting to test out the Altair, the owner of MITS gave both Steve and Bill a Altair unit, Bill had to talk the owner into giving him one though because Bill wanted a ,000 signing bonus. We will write a custom essay sample on Comparisons of Bill Gates and Steve Jobs or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Bill Gates goes to IBM and offers to license them an operating system called DOS, little did IBM know that they did not even have it yet, IBM is willing to buy a license to DOS. Therefore, Bill Gates buys DOS from a Seattle worker for $50,000; when the worker hears that he is willing to give him $50,000 dollars, his jaw hits the floor, and he sells it right away. Steve Jobs is a giant jerk to his employees. He makes them work 90 hours weeks, screams, and yells when they do not accomplish a huge task on a small deadline. He made an employee so mad one time that the employee jumped up and slammed Jobs’ face off the wall. Bill gates on the other hand, is a very caring person when it comes to his employees, he is afraid to over work them and gives them lots of vacation time. Both men are married and have children. Steve Jobs’ tried to deny that he was the father of his first-born daughter Lisa. The Apple Lisa was named so because of her.