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The Common Law  By  cover art

The Common Law

By: Oliver Wendell Holmes
Narrated by: Robert Morris
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Publisher's summary

This is one of the true classics in world legal literature. Written by a master of law and language, it is a primary source book for anyone interested either in legal theory or political science. For the layman, it serves to clarify the very essence of the common law, the cornerstone of our present legal system.

©1994 Blackstone Audiobooks

Critic reviews

"A landmark in intellectual history." (Mark DeWolfe Howe)

What listeners say about The Common Law

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  • Overall
    4 out of 5 stars
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    4 out of 5 stars
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    3 out of 5 stars

So-so.

It's not bad, but for one of the great classic works on the law, I didn't find it quite as engaging as I had hoped.

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  • Overall
    4 out of 5 stars
  • Performance
    4 out of 5 stars
  • Story
    4 out of 5 stars

For law geeks; not a light read

Here, the well-known jurist took a patient walk through the long development of many concepts in law, often starting in ancient times. As I teach law, I like to pick out anecdotes (for example, the image of an ancient bankrupt debtor having his body physically partitioned and the parts handed out to creditors -- not a world where one would casually buy a cappucino on the credit card). Ideas are traced from ancient forebears in the mists of pagan northern Europe and so on -- from vengeance, and seizure of many offending things (such as a tree that had fallen on a person, to the cutting off of lots of body parts), to the substitution of money damages, and other relatively kinder, gentler legal solutions of Holmes' day (here, the later 1800s). This book does for me what I like history to do: to provide a baseline to compare to things in my world today.

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10 people found this helpful

  • Overall
    4 out of 5 stars
  • Performance
    5 out of 5 stars
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    3 out of 5 stars

Great for what it is...

one of the fundamental primers of American law, I'm not sure if it would be possible to find a better book. however, keep in mind that the material is very dry and written in the late 1800s. there are times that I wished the reader would change inflection and/or his voice while reading certain passages, but that just seems nitpicky. The fact that somebody set down and red this treat use on the common law it's simply amazing and I can't wait to sit down at a later date and listen to it all again.

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  • Overall
    1 out of 5 stars
  • Performance
    2 out of 5 stars
  • Story
    1 out of 5 stars

For Academics and Legal Historians Only

What would have made The Common Law better?

Nothing; the subject matter is of historical interest only.

What was most disappointing about Oliver Wendell Holmes’s story?

See above.

How could the performance have been better?

Less dry pomposity.

What reaction did this book spark in you? Anger, sadness, disappointment?

Boredom and disappointment.

Any additional comments?

Ignore any positive reviews unless you are a law professor or legal historian. Holmes wrote this material 135 years ago and virtually none of it has any direct relevance to modern law.

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  • Overall
    3 out of 5 stars

I love Oliver Wendell Holmes (condensed)

I should have admired Holmes' wisdom and theories from afar or at least tackled this work only in printed form. Unlike most audiobooks, I had to actually pause my housework and concentrate fully to gain the meaning from this exhaustive verbosity. While I adored the style and language of Victorian Era literature, it was just too much for such a technical subject. I really wanted to make it through, but this one defeated me after a mere 4 hours.

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4 people found this helpful

  • Overall
    3 out of 5 stars

For Law Students ONLY

This book should be labeled, "Excellent Remedy for Insomnia. (Warning: Dangerous to listen to while driving. May cause drowsiness, sleepyness. Do not operate while using any machinery.)

The book actually isn't that bad, although one must have a enduring attention span to get through the many hours of this audio book. The chapters and content of this audio book could be organized and abreviated much better to make this book more interesting.

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3 people found this helpful

  • Overall
    3 out of 5 stars

foundation of law

unless one has a background in basic law Holmes expatiatied knowledge of the law does get sort of boring, but contains wealth of info.to the legal student not available in recent texts.

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2 people found this helpful

  • Overall
    4 out of 5 stars
  • Performance
    1 out of 5 stars
  • Story
    4 out of 5 stars

A very Dense Read but Filled with Rich History

I thoroughly enjoyed this book overall. If the performance has been better meaning the person who read it had done a better job and I probably would have enjoyed and given five stars.

Not for everyone and definitely not to be considered a weekend light read or something to casual listen to in bed. I would say this book is specifically tailored to enrich those minds that have a passion for the law or a yearning to understand legal matters via historical references.

If this is you, then I would prepare for a great read by one of the most articulated & gifted Supreme Court Justices ever to grace the paper with a pen.

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1 person found this helpful

  • Overall
    2 out of 5 stars
  • Performance
    1 out of 5 stars
  • Story
    1 out of 5 stars

Heavy going

Now I know why lawyers get paid so much. This stuff is dry and hard to plough through. My plan is to keep listening to these law books so it might rub off on me. I understood little of this book and found my head swimming in a swamp of history and basic law terms. I will come back to this book for a second reading once I get other books under my belt. Robert Morris is a rather boring narrator but the subject matter isn't easy.

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  • Overall
    4 out of 5 stars
  • Performance
    3 out of 5 stars
  • Story
    4 out of 5 stars

Not a light read, but worth it.

Would you consider the audio edition of The Common Law to be better than the print version?

I think people should read the print version. You cannot catch every thought of Holmes by listening. This is a book which you must study and reread

What was one of the most memorable moments of The Common Law?

There isn't one memorable part per se, but it does explain a basis for our modern system. Legal theories would come after, but Holmes' work is a good start.

Any additional comments?

Look, I understand Holmes is catching a lot of flack for being a dense material. When you truly think about it or even re-listen to portions, things start to click. This certainly is not a light read or should be an audiobook, but this is a great classic of American law.

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