This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes’s literary style mimics and enacts two characteristics of Ralph Waldo Emerson’s thought: “superfluity” and the “poetics of transition,” concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely ...

The economic theories of Karl Marx and his disciples continue to be anthologized in books of literary theory and criticism and taught in humanities classrooms to the exclusion of other, competing economic paradigms. Marxism is collectivist, predictable, monolithic, impersonal, linear, reductive — in short, wholly inadequate as an instrument for good in an era when we know better than to reduce the variety of human experience to simplistic formulae. A person’s creative and intellectual ener...

In Shouting Softly, literary lawyer and proud Southerner Allen Mendenhall provides valuable insights into perennial questions about the fundamental features of civil society. His expansive commentaries and criticism on law, literature, and culture reveal an abiding commitment to ordered liberty, the decentralization and diffusion of power, bottom-up and localized forms of voluntary governance, time-tested wisdom, and aesthetic sensibility. This vigorous work cautions against hubri...

This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.

This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is approp...

Fiction can be a powerful force to educate students and employees in ways that lectures, textbooks, articles, case studies, and other traditional teaching approaches cannot. This anthology includes articles from a number of individuals from a range of different disciplines and perspectives. All of the contributors to Capitalism and Commerce in Imaginative Literature are committed to treating literary texts with integrity and believe that business should have a larger claim upon people’s li...