The Common Law

By: Oliver Wendell Holmes

Narrated by: Robert Morris

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)

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.

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.

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.

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.

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.