 | Bar Association of the State of New Hampshire - Bar associations - 1903 - 1012 pages
...modify the estranging influences. " The first requirement of a sound body of law," says Judge Holmes, " is that it should correspond with the actual feelings and demands of the community, whether right or wrong." Meaning, I suppose, that if laws are separated by too great an interval from the people, their... | |
 | Law reports, digests, etc - 1905 - 986 pages
...party suing; he is the person whom the law compels to burv the remains. Keg. v. Fa/in, 2 Den. C. C/825. The first requirement of a sound body of law is, that...feelings and demands of the community, whether right or wrong. If people would gratify the passion of revenge outside the law if the law did not help them,... | |
 | Oliver Wendell Holmes - Common law - 1909 - 448 pages
...law stands to the passion of revenge in much the same relation as marriage to the sexual appetite." 2 The first requirement of a sound body of law is, that...feelings and demands of the community, whether right or wrong. If people would gratify the passion of revenge outside of the law, if the law did not help them,... | |
 | American Economic Association - Economics - 1915 - 706 pages
...institutions, and consequently of economics, to a modern, changed environment and to public welfare. T "The first requirement of a sound body of law is that...feelings and demands of the community, whether right or wrong." — OW Holmes, Jr., The Common Law, p. 41. SPECULATION ON THE STOCK EXCHANGES AND PUBLIC REGULATION... | |
 | Julius Henry Cohen - Arbitration agreements, Commercial - 1918 - 368 pages
...content, and at last a new form, from the grounds to which they have been transplanted."8 And also: "The first requirement of a sound body of law is,...feelings and demands of the community, whether right or wrong. ' ' • Kent, in his "Commentaries," said: "Considering the influence of manners upon law, and... | |
 | Henry Steele Commager - History - 1950 - 504 pages
..."considerations of what is expedient" were the secret root from which the law drew the juices of life; that "the first requirement of a sound body of law is that...feelings and demands of the community, whether right or wrong"; that law, being a practical thing, "must found itself on actual forces," and "explain the observed... | |
 | United States. Congress. House. Un-American Activities - 1966 - 140 pages
...the enforcement of the criminal law when he wrote in The Common Law that effective criminal law must "correspond with the actual feelings and demands of the community, whether right or wrong." In the case of civil rights violence, the feelings of the immediate community often justify... | |
 | Anthony M. Platt - Social Science - 1977 - 270 pages
...the offense."61 Oliver Wendell Holmes agreed with Stephen that the first requirement of the criminal law is that it should "correspond with the actual feelings and demands of the community."62 It is felt by many legal moralists that punishment should be proportional to the revulsion... | |
 | United States. Commission on Obscenity and Pornography - Erotica - 1970 - 652 pages
...the late Oliver Wendell Holmes, celebrated Justice of the United States Supreme Court, declared that "the first requirement of a sound body of law is that...feelings and demands of the community, whether right or wrong." And Justice John M. Harlan, in Alberts v. California, declared, "the state can reasonably draw... | |
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The first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong. 
