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一般认为,美国现实主义运动的智慧启迪应归于霍姆斯(1841—1935)。从1902年起,他就是美国最高法院的法官。霍姆斯不是一个愤世嫉俗者,他不认为法官能为所欲为,因为在他作出的判决中,他必须表明他要遵守法律,而这种法律并不是他所喜欢的。霍姆斯是一个普通法和美国宪法的专家,他还是一个温和而开明的革新者。但是,他的格言被那些想反驳法律思想上的超概念论的人反复地引用:“法律的生命不在于逻辑,而一直在于经验。”人们应当从“一个不法之徒的角度”去观察法律,“我所理解的法律,不是别的什么东西,而是对法院在事实上将要做什么的预测而已。”
It is generally believed that the intellectual inspiration of the American realist movement should be attributed to Holmes (1841-1935). Since 1902, he has been a judge of the Supreme Court of the United States. Holmes is not a cynic. He does not think the judge can do whatever he wants because in his judgment he must show that he is obeying the law, which is not what he likes. Holmes, an expert on common law and the American constitution, is still a moderate and enlightened innovator. However, his motto is repeatedly quoted by those who wish to refute the super-conceptualism of legal thought: “The law’s life is not logic but always experience.” “People should learn from the point of view of a wrongdoer ”To observe the law,“ the law I understand is nothing but a prediction of what the court will actually do. ”"