Oliver Wendell Holmes Jr. Quotes


If we are to look only at the words, then we inquire, not what this man meant, but what those words would mean in the mouth of a normal speaker.


Context

Justice Holmes was explaining the shortcoming of taking words, spoken or written, literally and not looking further to try and determine the actual intent. This becomes a major legal issue when trying to determine the original intent of legislators of the framers of the Constitution. We all have written things which when interpreted to by others end up with a meaning different from what we intended. In the legislative process with the negotiations over wording, committees, and tradeoffs, it is often very hard to determine what the originators had in mind for in many situations they disagreed about the issue but ended up compromising on some specific language which might represent a consensus or might not even represent anyone’s view.


Citations

Oliver Wendell Holmes Jr., 1841-1935, U. S. Supreme Court Justice, 1920

Sourced by: Eigen's Political and Historical Quotations

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Oliver Wendell Holmes Jr.
Oliver Wendell Holmes Jr.
  • Born: March 8, 1841
  • Died: March 6, 1935
  • Nationality: American
  • Profession: Judge

Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932. Noted for his long service, concise and pithy opinions, and deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for opinions on civil liberties and American constitutional democracy, and is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice in the federal Supreme Court (although John Paul Stevens was only 8 months younger when he retired on April 12, 2010). He previously served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.