The Politics of Private Law in Historical and Comparative Perspective

Section 5 . 2 . 1

The Holmes thesis about ideology in adjudication

Prof. Duncan Kennedy

Reading(s): Prosser [social engineering] Restatement (Second) of Torts § 766 Restatement (Second) of Torts § 767 Oliver Wendell Holmes, Privilege, Malice and Intent, 8 Harv. L. Rev. 1 (1894)

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