ABSTRACT
The Common Law is Oliver Wendell Holmes' most sustained juris-prudential work. This chapter begins with a brief account of Holmes' life and the influences that played a role in shaping his thought. It discusses the larger concerns of The Common Law as well as certain of the significant particulars of his presentation that bear on it. The chapter considers the relevance of Holmes' position for contemporary legal theory. The most pronounced feature of the common law, according to Holmes, is that it is ever changing and adapting to meet current societal needs. Holmes' application of the theory of evolution is important for his positive contributions to legal theory as well. Holmes' treatment of the concept of liability—in both civil and criminal law—may serve to illustrate this point. His view, contrary to that prevailing at the time, is that the apparent moral elements of liability are vestiges of an early period of the law's development.
