Peter Gibian explores the key role played by Oliver Wendell Holmes in what was known as America's 'Age of Conversation'. He was both a model and an analyst of the dynamic conversational form, which became central to many areas of mid-nineteenth-century life. Holmes' multivoiced writings can serve as a key to open up the closed interiors of Victorian America, whether in saloons or salons, parlours or clubs, hotels or boarding-houses, schoolrooms or doctors' offices. Combining social, intellectual, medical, legal and literary history with close textual analysis, and setting Holmes in dialogue with Emerson, Hawthorne, Melville, Fuller, Alcott and finally with his son, Justice Oliver Wendell Holmes Junior, Gibian radically redefines the context for our understanding of the major literary works of the American Renaissance.

An innovative study that links the themes of Holmes's best-known literary works to his medical training in nineteenth-century Paris.

Oliver Wendell Holmes, Jr., was one of the most influential jurists of his time. From the antebellum era and the Civil War through the First World War and into the New Deal years, Holmes' long life and career as a Supreme Court Justice spanned an eventful period of American history, as the country went from an agrarian republic to an industrialized world power. In this concise, engaging book, Susan-Mary Grant puts Holmes' life in national context, exploring how he both shaped and reflected his changing country. She examines the impact of the Civil War on his life and his thinking, his role in key cases ranging from the issue of free speech in Schenck v. United States to the infamous ruling in favor of eugenics in Buck v. Bell, showing how behind Holmes’ reputation as a liberal justice lay a more complex approach to law that did not neatly align with political divisions. Including a selection of key primary documents, Oliver Wendell Holmes, Jr. introduces students of U.S., Civil War, and legal history to a game-changing figure and his times.

"Explication of Holmes's didactic works, including A Mortal Antipathy and Over the Teacups, which substantiates Holmes as a serious writer of the New England Renaissance whose ideology of self-determination as an American value is as relevant to modern society as it was to the agrarian and industrial societies he addressed"--Provided by publisher.

A study of Mark Twain's and Dr. Oliver Wendell Holmes's interests in phrenology, as revealed, often humorously, in their writings.

"On his retirement from the Supreme Court at the age of 90 in 1932, Oliver Wendell Holmes, Jr. was celebrated as few judges have ever been, beloved and revered as a national treasure. Holmes's influence, magnified into legend by the attention he has continued to receive, has helped to constitute the identity of the legal profession, the conception of the judicial function, and the role of the public intellectual in modern American culture." "The present collection of seven essays attempts to view Holmes's work apart from the restricted framework supplied by traditional jurisprudence by reassessing Holmes as an intellectual, a legal theorist, and an iconic public figure and culture hero. Each essay adds something new and distinctive to the scholarly controversies that have surrounded Holmes for over a century." "J. W. Burrow begins the volume by looking at Holmes's relations to various strands of Victorian social thought. she next three essays approach, each from a different angle, the problem of Holmes's relationship to formalism or classical orthodoxy in legal thought. Morton Horwitz provides a sweeping reassessment of the development of Holmes's legal thinking between the early period of the 1870's and 1880's and "The Path of the Law" in 1897. Mathias Reimann presents the first thorough exploration of Holmes's use - misuse, more often - of German philosophy, notably his discrediting, in The Common Law, of the legacy of Kant and Hegel. Stephen Diamond approaches Holmes's jurisprudence and his broader social and personal views by another original pathway, his legal opinions in taxation cases and his private views on taxation." "The final three essays consider Holmes as a man of letters and "representative" man of the American scene, both as he created himself and as he was created by others. Robert Ferguson shows how Holmes deliberately went about the work of fashioning the public persona of a judge. Peter Gibian shows how Holmes's construction of his public style was formed as a deliberate reaction against that of his famous father, Dr. Oliver Wendell Holmes, Sr. The final essay by David Hollinger has a dual purpose: to ask what Holmes meant by the "scientific way of looking at the world" and to discover how Holmes came to be such a hero to liberal Jewish intellectuals like Felix Frankfurter and Harold J. Laski."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

United We Fall argues that today's harmful levels of polarization in American politics can be ratcheted down only by giving up the twin notions that the center is the sweet spot for political efficiency and that all differences deserve equal weight in the democratic balance. The American people need instead to embrace a political credo of civic engagement, confrontation with open ears, and spirited debate. The commonplace United We Stand must be supplanted by the insight that democracy is strongest where it acknowledges and formalizes real division. But surely bipartisan rancor in America and extremist violence around the world are symptoms of too much disagreement—not too little? No, asserts the author: The root cause of political violence of all stripes is the failure of opposing camps to engage each other openly and persuasively on their genuine and irreconcilable differences. In making the case for principled disagreement, United We Fall reviews the history of good and bad disagreement practices in American politics, analyzes our mass media through a pro-disagreement lens, and draws on studies of conformist group behavior to expose the manipulative dynamics of contemporary dialog initiatives. Neisser assesses best practices for conducting public debate at all civic levels on the most vexed issues in America today: terrorism, multiculturalism, religion in politics, social and family values, race, the media, education, and the environment.

In Speaking Hatefully, David Boromisza-Habashi focuses on the use of the term “hate speech” as a window on the cultural logic of political and moral struggle in public deliberation. This empirical study of gyűlöletbeszéd, or "hate speech," in Hungary documents competing meanings of the term, the interpretive strategies used to generate those competing meanings, and the parallel moral systems that inspire political actors to question their opponents’ interpretations. In contrast to most existing treatments of the subject, Boromisza-Habashi’s argument does not rely on pre-existing definitions of "hate speech." Instead, he uses a combination of ethnographic and discourse analytic methods to map existing meanings and provide insight into the sociocultural life of those meanings in a troubled political environment.