Oliver Wendell Holmes
In a key sentence Oliver Wendell Holmes expresses, “the prophecies of what the courts will do in fact and nothing more pretentious, are what I mean by the law”. According to the Holmes, what the law is, if we takes the point of view of a bad man that means, the point of view of the person who wants to know not some abstract principle or verbal rule, but what likely to happen to him if he does one thing rather than another.
Edgar Boden Heimer
Citing the statement of Holmes, Edgar Boden Heimer points, Holmes regarded law largely as a body of edicts represents the will of the dominant interests in society, backed by force. Holmes famous remark is that, “the life of law has not been logic, it has been experience.” A law should expresses as general, must apply more than one case. A law must expresses in words and words will ‘open-textured’.
Sir William Blackstone
Sir William Blackstone thought that, anything properly thought of as human law is in accordance with the law of nature, which dedicates by God and “is binding over all the globe, in all countries and at all times”.
For any particular layperson, the law, with respect to any particular set of facts, is a decision of a Court with respect to those facts so far as that decision affects that particular person. Until a Court passes on those facts no law on that subject yet existences. Prior to such a decision, the law available in the opinion of Lawyers relates that person and to those facts. Such opinion not considers actually a law but only a guess as to what a Court decides. Law, then, as to any given situation, marks either – a) Actual law, i.e. a specific past decision, as to that situation; or b) Probable law, i.e. a guess as to a specific future decision.
Chapter-1 Basic Concept