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Mr. Holmes ist ein britisch-amerikanisches Filmdrama und Sherlock-Holmes-Pastiche unter der Regie von Bill Condon aus dem Jahr Im Zentrum der. Sherlock Holmes [ˈʃɜ(ɹ).lɒk ˈhoʊ̯mz] (Audio-Datei / Hörbeispiel anhören) ist eine vom britischen Schriftsteller Arthur Conan Doyle geschaffene. Mr. Holmes wird ein Mystery-Film. Seine Weltpremiere feierte der Film am 7. Februar auf der. Von Mr. Holmes zu Sherlock (Från Holmes till Sherlock) ist ein Sachbuch von Mattias Boström. In Mr. Holmes (Regie: Bill Condon, ) stellt Ian McKellen einen bereits Vgl. auch: toplancer.co Wiki sowie.
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Though Holmes is famed for his reasoning capabilities, his investigative technique relies heavily on the acquisition of hard evidence.
Many of the techniques he employs in the stories were at the time in their infancy. The detective is particularly skilled in the analysis of trace evidence and other physical evidence, including latent prints such as footprints, hoof prints, and shoe and tire impressions to identify actions at a crime scene;  using tobacco ashes and cigarette butts to identify criminals;  handwriting analysis and graphology ;  comparing typewritten letters to expose a fraud;  using gunpowder residue to expose two murderers;  and analyzing small pieces of human remains to expose two murders.
Because of the small scale of much of his evidence, the detective often uses a magnifying glass at the scene and an optical microscope at his Baker Street lodgings.
He uses analytical chemistry for blood residue analysis and toxicology to detect poisons; Holmes's home chemistry laboratory is mentioned in " The Naval Treaty ".
Laura J. Snyder has examined Holmes's methods in the context of mid- to lateth-century criminology, demonstrating that, while sometimes in advance of what official investigative departments were formally using at the time, they were based upon existing methods and techniques.
For example, fingerprints were proposed to be distinct in Conan Doyle's day, and while Holmes used a thumbprint to solve a crime in " The Adventure of the Norwood Builder " generally held to be set in , the story was published in , two years after Scotland Yard's fingerprint bureau opened.
Holmes displays a strong aptitude for acting and disguise. In the latter story, Watson says, "The stage lost a fine actor Until Watson's arrival at Baker Street Holmes largely worked alone, only occasionally employing agents from the city's underclass; these agents included a variety of informants , such as Langdale Pike, a "human book of reference upon all matters of social scandal",  and Shinwell Johnson, who acted as Holmes's "agent in the huge criminal underworld of London".
Holmes and Watson often carry pistols with them to confront criminals—in Watson's case, his old service weapon probably a Mark III Adams revolver , issued to British troops during the s.
As a gentleman, Holmes often carries a stick or cane. He is described by Watson as an expert at singlestick  and uses his cane twice as a weapon.
The detective is described or demonstrated as possessing above-average physical strength. Roylott demonstrates his strength by bending a fire poker in half.
Watson describes Holmes as laughing, "'if he had remained I might have shown him that my grip was not much more feeble than his own.
Holmes is an adept bare-knuckle fighter; "The Gloria Scott " mentions that Holmes boxed while at university. You might have aimed high if you had joined the fancy.
The first two Sherlock Holmes stories, the novels A Study in Scarlet and The Sign of the Four , were moderately well received, but Holmes first became widely popular early in , when the first six short stories featuring the character were published in The Strand Magazine.
Holmes became very popular in Britain and America. The Strand reportedly lost more than 20, subscribers as a result of Holmes's death.
Public pressure eventually contributed to Conan Doyle writing another Holmes story in and resurrecting the character in a story published in Though the address B Baker Street did not exist when the stories were first published, letters began arriving to the large Abbey National building which first encompassed that address almost as soon as it was built in Fans continue to send letters to Sherlock Holmes;  these letters are now delivered to the Sherlock Holmes Museum.
In a survey of British teenagers, 58 percent of respondents believed that Sherlock Holmes was a real individual. The Sherlock Holmes stories continue to be widely read.
The London Metropolitan Railway named one of its twenty electric locomotives deployed in the s for Sherlock Holmes.
He was the only fictional character so honoured, along with eminent Britons such as Lord Byron , Benjamin Disraeli , and Florence Nightingale.
A number of London streets are associated with Holmes. In , the Royal Society of Chemistry bestowed an honorary fellowship on Holmes for his use of forensic science and analytical chemistry in popular literature, making him as of the only fictional character thus honoured.
McClure was unveiled in Chester, Illinois , becoming the first permanent granite memorial to Holmes in the Americas. Both are still active, although the Sherlock Holmes Society was dissolved in and revived in There are at least societies worldwide, including Australia, Canada The Bootmakers of Toronto , India, and Japan whose society has 80, members.
Although Holmes is not the original fictional detective, his name has become synonymous with the role.
Doyle's Sherlock Holmes stories introduced multiple literary devices that have become major conventions in detective fiction, such as the companion character who is not as clever as the detective and has solutions explained to him thus informing the reader as well , as with Dr.
Watson in the Holmes stories. Other conventions introduced by Doyle include the arch-criminal who is too clever for the official police to defeat, like Holmes's adversary Professor Moriarty , and the use of forensic science to solve cases.
The Sherlock Holmes stories established crime fiction as a respectable genre popular with readers of all backgrounds, and Doyle's success inspired many contemporary detective stories.
Raffles created by E. The phrase " Elementary, my dear Watson " has become one of the most quoted and iconic aspects of the character.
However, although Holmes often observes that his conclusions are "elementary", and occasionally calls Watson "my dear Watson", the phrase "Elementary, my dear Watson" is never uttered in any of the sixty stories by Conan Doyle.
William Gillette is widely considered to have originated the phrase with the formulation, "Oh, this is elementary, my dear fellow", allegedly in his play Sherlock Holmes.
However, the script was revised numerous times over the course of some three decades of revivals and publications, and the phrase is present in some versions of the script, but not others.
Wodehouse 's novel Psmith, Journalist serialised — Conan Doyle's 56 short stories and four novels are known as the " canon " by Holmes aficionados.
The Great Game also known as the Holmesian Game, the Sherlockian Game, or simply the Game applies the methods of literary criticism to the canon, but also operates on the pretense that Holmes and Watson were real people and that Conan Doyle was not the author of the stories but Watson's literary agent.
From this basis, it attempts to resolve or explain away contradictions in the canon—such as the location of Watson's war wound, described as being in his shoulder in A Study in Scarlet and in his leg in The Sign of Four —and clarify details about Holmes, Watson and their world, combining historical research with references from the stories to construct scholarly analyses.
For example, one detail analyzed in the Game is Holmes's birth date. The chronology of the stories is notoriously difficult, with many stories lacking dates and many others containing contradictory ones.
Christopher Morley and William Baring-Gould contend that the detective was born on 6 January , the year being derived from the statement in "His Last Bow" that he was 60 years of age in , while the precise day is derived from broader, non-canonical speculation.
King instead argues that details in "The Gloria Scott " a story with no precise internal date indicate that Holmes finished his second and final year of university in or If he began university at age 17, his birth year could be as late as For the Festival of Britain , Holmes's living room was reconstructed as part of a Sherlock Holmes exhibition, with a collection of original material.
After the festival, items were transferred to The Sherlock Holmes a London pub and the Conan Doyle collection housed in Lucens , Switzerland by the author's son, Adrian.
Both exhibitions, each with a Baker Street sitting-room reconstruction, are open to the public. Stored today in Room B, this vast collection is accessible to the public.
Access is closed to the general public, but is occasionally open to tours. In , the Sherlock Holmes Museum opened on Baker Street in London, followed the next year by a museum in Meiringen near the Reichenbach Falls dedicated to the detective.
The popularity of Sherlock Holmes has meant that many writers other than Arthur Conan Doyle have created tales of the detective in a wide variety of different media, with varying degrees of fidelity to the original characters, stories, and setting.
The first known period pastiche dates from Adaptations have seen the character taken in radically different directions or placed in different times or even universes.
For example, Holmes falls in love and marries in Laurie R. King 's Mary Russell series, is re-animated after his death to fight future crime in the animated series Sherlock Holmes in the 22nd Century , and is meshed with the setting of H.
An especially influential pastiche was Nicholas Meyer 's The Seven-Per-Cent Solution , a New York Times bestselling novel made into the film of the same name in which Holmes's cocaine addiction has progressed to the point of endangering his career.
It served to popularize the trend of incorporating clearly identified and contemporaneous historical figures such as Oscar Wilde , Aleister Crowley , Sigmund Freud , or Jack the Ripper into Holmesian pastiches, something Conan Doyle himself never did.
In addition to the Holmes canon , Conan Doyle's " The Lost Special " features an unnamed "amateur reasoner" intended to be identified as Holmes by his readers.
The author's explanation of a baffling disappearance argued in Holmesian style poked fun at his own creation.
Milne , and P. Wodehouse have all written Sherlock Holmes pastiches. Some authors have written tales centred on characters from the canon other than Holmes.
Anthologies edited by Michael Kurland and George Mann are entirely devoted to stories told from the perspective of characters other than Holmes and Watson.
John Gardner , Michael Kurland, and Kim Newman , amongst many others, have all written tales in which Holmes's nemesis Professor Moriarty is the main character.
Hodel and Sean M. Trow has written a series of seventeen books using Inspector Lestrade as the central character, beginning with The Adventures of Inspector Lestrade in Holmes retelling that story from Adler's point of view.
Hudson is the protagonist. Laurie R. Her Holmes, semi-retired in Sussex, is stumbled upon by a teenaged American girl. Recognising a kindred spirit, he trains her as his apprentice and subsequently marries her.
As of , the series includes sixteen base novels and additional writings. The Final Solution , a novella by Michael Chabon , concerns an unnamed but long-retired detective interested in beekeeping who tackles the case of a missing parrot belonging to a Jewish refugee boy.
There have been a host of scholarly works dealing with Sherlock Holmes, some working within the bounds of the Great Game, and some written with the understanding that Holmes is a fictional character.
In particular, there have been three major annotated editions of the complete series. This two-volume set was ordered to fit Baring-Gould's preferred chronology, and was written from a Great Game perspective.
The second was 's The Oxford Sherlock Holmes general editor: Owen Dudley Edwards , a nine-volume set written in a straight scholarly manner.
Guinness World Records has listed Holmes as the most portrayed literary human character in film and television history, with more than 75 actors playing the part in over productions.
In addition to its popularity, the play is significant because it, rather than the original stories, introduced one of the key visual qualities commonly associated with Holmes today: his calabash pipe ;  the play also formed the basis for Gillette's film, Sherlock Holmes.
Gillette performed as Holmes some 1, times. In the early s, H. Saintsbury took over the role from Gillette for a tour of the play.
Holmes's first screen appearance was in the Mutoscope film, Sherlock Holmes Baffled. While the Fox films were period pieces, the Universal films abandoned Victorian Britain and moved to a then-contemporary setting in which Holmes occasionally battled Nazis.
The series was co-directed by Hayao Miyazaki. Watson was played by David Burke in the first two series and Edward Hardwicke in the remainder.
In March a release date of 21 December was set for the third film in the series. In the series, created by Mark Gatiss and Steven Moffat , the stories' original Victorian setting is replaced by present-day London.
Similarly, Elementary premiered on CBS in , and ran until for seven seasons, until Joan Watson. The film Mr.
Holmes starred Ian McKellen as a retired Sherlock Holmes living in Sussex, in , who grapples with an unsolved case involving a beautiful woman.
The episodes are based in modern-day Tokyo, with many references to Conan Doyle's stories. Holmes has also appeared in video games, including the Sherlock Holmes series of eight main titles.
According to the publisher, Frogwares , the series has sold over seven million copies. The copyright for Conan Doyle's works expired in the United Kingdom and Canada at the end of , was revived in and expired again at the end of The author's works are now in the public domain in those countries.
In the United States, for many years all works published before are in the public domain, but as ten Holmes stories were published after that date, the Conan Doyle estate maintained that the Holmes and Watson characters as a whole were still under copyright.
Klinger lawyer and editor of The New Annotated Sherlock Holmes filed a declaratory judgement suit against the Conan Doyle estate asking the court to acknowledge that the characters of Holmes and Watson were public domain in the U.
The case was appealed to the U. Supreme Court , which declined to hear the case, letting the appeals court's ruling stand.
This resulted in the characters from the Holmes stories, along with all but ten of the stories themselves, being in the public domain in the U.
The remaining ten Holmes stories were to enter the U. From Wikipedia, the free encyclopedia. For other uses, see Sherlock Holmes disambiguation.
Sherlock Holmes in a illustration by Sidney Paget. Main article: Sherlock Holmes fandom. Main article: Sherlockian game. Sherlock Holmes Museum, London.
Main article: Sherlock Holmes pastiches. Further information: List of authors of new Sherlock Holmes stories.
Main article: Adaptations of Sherlock Holmes. Further information: List of actors who have played Sherlock Holmes. Main article: Canon of Sherlock Holmes.
Novels portal Victorian era portal. British Library. Retrieved 3 July Retrieved 25 December Guinness World Records. Retrieved 5 January The New York Times.
Retrieved 10 March The Telegraph. Retrieved 30 December Retrieved 20 December New York: Checkmark Books.
San Francisco: Weiser Books. Lancelyn Green, Richard ed. Oxford: Oxford University Press. Free Press.
The Annotated Sherlock Holmes. Clarkson N. Potter, Inc. Conan Peter D. O'Neill, foreword to Maximilien Heller.
Retrieved 10 November The Arthur Conan Doyle Encyclopedia. Retrieved 22 June Mental Floss. Retrieved 15 January Retrieved 27 December The Baker Street Journal.
Retrieved 25 June The Sherlock Holmes Handbook. The methods and mysteries of the world's greatest detective.
Philadelphia: Quirk Books. The Victorian Web. Irish Journal of Psychological Medicine. See also Klinger II, pp. Retrieved 13 March Joe Bell: Model for Sherlock Holmes.
Popular Press. Retrieved 17 October The true basis of the decision was often an "inarticulate major premise", however.
A judge was obliged to choose between contending legal arguments, each posed in absolute terms, and the true basis of his decision was sometimes drawn from outside the law, when precedents were lacking or were evenly divided.
The common law evolves because civilized society evolves, and judges share the common preconceptions of the governing class.
These views endeared Holmes to the later advocates of legal realism , and made him one of the early founders of law and economics jurisprudence.
Holmes famously contrasted his own scholarship with the abstract doctrines of Christopher Columbus Langdell , dean of Harvard Law School, who viewed the common law as a self-enclosed set of doctrines.
Holmes viewed Langdell's work as akin to the German philosophic idealism he had for so long resisted, opposing it with his own scientific materialism.
Holmes was considered for a federal court judgeship in by President Rutherford B. In the fall of , Holmes became a professor at Harvard Law School , accepting an endowed professorship which had been created for him, largely through the efforts of Louis D.
On Friday December 8, , Supreme Judicial Court of Massachusetts associate justice Otis Lord decided to resign, however, giving outgoing Republican governor John Davis Long a chance to appoint his successor, if it could be done before the Massachusetts Governor's Council adjourned at 3 pm.
Holmes' partner George Shattuck proposed him for the vacancy, Holmes quickly agreed, and there being no objection by the Council, took the oath of office on December 15, His resignation, after only a few weeks and without notice, was resented by the law school faculty, giving rise to persisting estrangement.
During his service on the Massachusetts court, Holmes continued to develop and apply his views of the common law, usually following precedent faithfully.
He issued few constitutional opinions in these years, but carefully developed the principles of free expression as a common-law doctrine.
He departed from precedent to recognize workers' right to organize trade unions and to strike, as long as no violence was involved, and coercion was not exerted through impermissible means such as secondary boycotts, stating in his opinions that fundamental fairness required that workers be allowed to combine to compete on an equal footing with employers.
He continued to give speeches and to write articles that added to or extended his work on the common law, most notably "Privilege, Malice and Intent",  in which he presented his view of the pragmatic basis of the common-law privileges extended to speech and the press, which could be defeated by a showing of malice, or of specific intent to harm.
This argument would later be incorporated into his famous opinions concerning the First Amendment. He also published an address, " The Path of the Law ",  in which he enlarged upon his view of the law from the perspective of a practitioner concerned for the interests of his client, who might be a bad man unconcerned with moral absolutes.
The nomination was made on the recommendation of Senator Henry Cabot Lodge , the junior senator from Massachusetts, but was opposed by the senior senator and chairman of the Senate Judiciary Committee, George Frisbie Hoar.
Hoar was a strenuous opponent of imperialism, and the legality of the annexation of Puerto Rico and the Philippines was expected to come before the Court.
Lodge, like Roosevelt, was a strong supporter of imperialism, which Holmes was expected to support as well.
On the bench, Holmes did vote to support the administration's position favoring the annexation of former Spanish colonies in the " Insular Cases ".
However, he later disappointed Roosevelt by dissenting in Northern Securities Co. United States , a major antitrust prosecution;  the majority of the court, however, did rule against Holmes and sided with Theodore Roosevelt's belief that Northern Securities violated the Sherman Antitrust Act.
Holmes was known for his pithy, short, and frequently quoted opinions. In more than twenty-nine years on the Supreme Court bench, he ruled on cases spanning the whole range of federal law.
He is remembered for prescient opinions on topics as widely separated as copyright, the law of contempt, the antitrust status of professional baseball, and the oath required for citizenship.
Holmes, like most of his contemporaries, viewed the Bill of Rights as codifying privileges obtained over the centuries in English and American common law, and was able to establish that view in numerous opinions of the Court.
He is considered one of the greatest judges in American history, and embodies for many the traditions of the common law, which are now challenged by Originalists who insist the text of the Constitution trumps any common law precedents that depart from the original understanding of its meaning.
Beginning with his first opinion for the Court in Otis v. Parker, Holmes declared that " due process of law ," the fundamental principle of fairness, protected people from unreasonable legislation but was limited only to those fundamental principles enshrined in the common law and did not protect most economic interests.
In a series of opinions surrounding the World War I Espionage Act of and the Sedition Act of , he held that the freedom of expression guaranteed by federal and state constitutions simply declared a common-law privilege for speech and the press, even when those expressions caused injury, but that privilege would be defeated by a showing of malice, or intent to do harm.
Holmes came to write three unanimous opinions for the Supreme Court that arose from prosecutions under the Espionage Act because in an earlier case, Baltzer v.
United States , he had circulated a powerfully expressed dissent, when the majority had voted to uphold a conviction of immigrant socialists, who had circulated a petition criticizing the draft.
Apparently learning that he was likely to publish this dissent, the Government perhaps alerted by Justice Louis D. Brandeis , newly appointed by President Woodrow Wilson abandoned the case, and it was dismissed by the Court.
The Chief Justice then asked Holmes to write opinions in which they could be unanimous, upholding convictions in three similar cases, where there were jury findings that speeches or leaflets were published with an intent to obstruct the draft, a crime under the law.
Although there was no evidence that the attempts had succeeded, Holmes held for a unanimous Court that an attempt, purely by language, could be prosecuted in cases where the expression, in the circumstances in which it was uttered, posed a "clear and present danger" of causing some harm that the legislature had properly forbidden.
In Schenck v. United States , Holmes announced this doctrine for a unanimous Court, famously declaring that the First Amendment could not be understood to provide an absolute right, and would not protect a person "falsely shouting fire in a theater and causing a panic.
Later that year, however, in Abrams v. United States , Holmes was again in dissent. The Wilson Administration was vigorously prosecuting those suspected of sympathies with the recent Russian Revolution , as well as opponents of the war against Germany.
The defendants in this case were socialists and anarchists, recent immigrants from Russia who opposed the apparent efforts of the United States to intervene in the Russian Civil War.
They were charged with violations of the amendments to the Espionage Act which were known as the Sedition Act of , and which purported to make criticisms of the government and the war effort a crime.
Abrams and his co-defendants were charged with distributing leaflets that in Yiddish called for a "general strike" to protest the US intervention in Russia.
A majority of the Court voted to uphold the convictions and sentences of ten and twenty years, to be followed by deportation.
Holmes was moved to dissent. The majority claimed to be following the precedents already set in Schenck and the companion cases in which Holmes had written for the Court, but Holmes insisted that the defendants' leaflets neither threatened to cause any harm, nor showed the specific intent to hinder the war effort.
Holmes condemned the Wilson Administration's prosecution, and its insistence on draconian sentences for the defendants in passionate language: "Even if I am technically wrong [regarding the defendants' intent] and enough can be squeezed from these poor and puny anonymities to turn the color of legal litmus paper That, at any rate, is the theory of Constitution.
It is an experiment, as all life is an experiment. In his Abrams dissent, Holmes did elaborate somewhat on the decision in Schenck , roughly along the lines that Chafee had suggested.
Although Holmes evidently believed that he was adhering to his own precedent, some later commentators accused Holmes of inconsistency, even of seeking to curry favor with his young admirers.
In later opinions, the Supreme Court departed from this line of reasoning where the validity of a statute was in question, adopting the principle that a legislature could properly declare that some forms of speech posed a clear and present danger, regardless of the circumstances in which they were uttered.
Holmes continued to dissent. In , in the case Silverthorne Lumber Co. United States , Holmes ruled that any evidence obtained, even indirectly, from an illegal search was inadmissible in court.
He reasoned that otherwise, police would have an incentive to circumvent the Fourth Amendment to obtain derivatives of the illegally obtained evidence, so any evidence resulting from this must be discouraged.
This later became known as the " fruit of the poisonous tree ". In , Holmes wrote the 8—1 majority opinion in Buck v. Bell case that upheld the Virginia Sterilization Act of and the forced sterilization of Carrie Buck who was claimed to be mentally defective.
Although later scholarship has shown the suit was collusive, [ clarification needed ] and Carrie Buck was probably of normal intelligence,   the record before the Supreme Court showed only that she had received a proper hearing in which she was represented by a competent guardian, and was able to press her suit in the federal courts.
She apparently had received the procedures required by due process of law in ample measure. The argument made on her behalf was principally that the statute requiring sterilization of institutionalized persons was unconstitutional, itself a violation of what today is called "substantive due process".
Holmes repeated familiar arguments that statutes would not be struck down if they appeared on their face to have a reasonable basis.
In support of his argument that the interest of "public welfare" outweighs the interest of individuals in their bodily integrity, he argued:.
We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, to prevent our being swamped with incompetence.
It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes.
Three generations of imbeciles are enough. Although the opinion and eugenics remain controversial, the decision in the case still stands.
Sterilization rates under eugenics laws in the United States climbed from until Skinner v. Oklahoma , U.
While Skinner v. Oklahoma did not specifically overturn Buck v. Bell , it created enough of a legal quandary to discourage many sterilizations.
Buck v. Bell continues to be cited occasionally in support of due process requirements for state interventions in medical procedures.
Bell to protect the constitutional rights of a woman coerced into sterilization without procedural due process.
Bell , for performing an involuntary sterilization. Bell was also cited briefly, though not discussed, in Roe v. Wade , in support of the proposition that the State does not recognize an "unlimited right" "to do with one's body as one pleases.
Holmes in his earliest writings established a lifelong belief that the decisions of judges were consciously or unconsciously result-oriented, and reflected the evolving mores of the class and society from which judges were drawn.
Holmes accordingly argued  that legal rules are not deduced through formal logic but rather emerge from an active process of human self-government.
His philosophy represented a departure from the prevailing jurisprudence of the time: legal formalism , which held that law was an orderly system of rules from which decisions in particular cases could be deduced.
Central to his thought was the notion that the law, as it had evolved in modern societies, concerned with the material results of a defendant's actions.
A judge's task was to decide which of two parties before him would bear the cost of an injury. Holmes argued that the evolving common law standard was that liability would fall upon a person whose conduct reflected prudence of a "reasonable man.
If a death is caused by the act, he is guilty of murder. But if the workman has a reasonable cause to believe that the space below is a private yard from which everyone is excluded, and which is used as a rubbish-heap, his act is not blameworthy, and the homicide is a mere misadventure.
This "objective standard" adopted by common-law judges, Holmes thought, reflected a shift in community standards , away from condemnation of a person's act toward an impersonal assessment of its value to the community.
In the modern world, the advances made in biology and the social sciences should allow a better conscious determination of the results of individual acts and the proper measure of liability for them.
In , in The Common Law , Holmes brought together into a coherent whole his earlier articles and lectures concerning the history of the common law, judicial decisions in England and the United States, which he interpreted from the perspective of a practicing lawyer.
What counted as law, to a lawyer, was what judges did in particular cases. Law was what the state would enforce, through violence if necessary; echoes of his experience in the Civil War were always present in his writings.
Judges decided where and when the force of the state would be brought to bear, and judges in the modern world tended to consult facts and consequences when deciding what conduct to punish.
The decisions of judges, viewed over time, determined the rules of conduct, the legal duties, by which all were bound. Judges did not and should not consult any external system of morality, certainly not a system imposed by the Deity.
Holmes therefore brought himself into constant conflict with scholars who believed that legal duties rested upon " natural law ," a moral order of the kind invoked by Christian theologians and other philosophic idealists.
He believed instead "that men make their own laws; that these laws do not flow from some mysterious omnipresence in the sky, and that judges are not independent mouthpieces of the infinite.
His belief that law, properly speaking, was a set of generalizations from what judges had done in similar cases, determined his view of the Constitution of the United States.
As a justice of the U. Supreme Court, Holmes rejected the argument that the text of the Constitution should be applied directly to cases that came before the court, as if it were a statute.
He shared with most of his fellow judges the belief that the Constitution carried forward principles derived from the common law, principles that continued to evolve in American courts.
The text of the Constitution itself, as originally understood, was not a set of rules, but only a directive to courts to consider the body of the common law when deciding cases that arose under the Constitution.
It followed that constitutional principles adopted from the common law were evolving, as the law itself evolved: "A word [in the Constitution] is not a crystal, transparent and unchanged, but the skin of a living thought.
New York U. The provisions of the Constitution are not mathematical formulas that have their essence in form, they are organic, living institutions transplanted from English soil.
Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary but by considering their origin and the line of their growth.
Holmes also insisted on the separation of "ought" and "is," which are obstacles in understanding the realities of the law.
Nevertheless, in rejecting morality as a form of natural law outside of human enactments, and superior to them, Holmes was not rejecting moral principles that were the result of enforceable law.
Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men.
When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law.
George Washington University law professor Jeffrey Rosen summarized Holmes' views this way: "Holmes was a cold and brutally cynical man who had contempt for the masses and for the progressive laws he voted to uphold.
United States and Lochner v. New York. Only Holmes's legal writings were readily available during his life and in the first years after his death, but he confided his thoughts more freely in talks, often to limited audiences, and more than two thousand letters that have survived.
Holmes's executor, John Gorham Palfrey, diligently collected Holmes's published and unpublished papers and donated them and their copyrights to Harvard Law School.
Harvard Law Professor Mark DeWolfe Howe undertook to edit the papers and was authorized by the school to publish them and to prepare a biography of Holmes.
Howe published several volumes of correspondence, beginning with Holmes's correspondence with Frederick Pollock ,  and a volume of Holmes's speeches,  before his untimely death.
Howe's work formed the basis of much subsequent Holmes scholarship. Holmes's speeches were divided into two groups: public addresses, which he gathered into a slim volume, regularly updated, that he gave to friends and used as a visiting card, and less formal addresses to men's clubs, dinners, law schools, and Twentieth Regiment reunions.
Holmes ". Box Office Mojo. Retrieved 12 March Retrieved 14 January Archived from the original on 30 January Retrieved 28 January Retrieved 4 March The Hollywood Reporter.
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Holmes Article". Holmes ' ". Film Music Reporter. Retrieved 14 July Rotten Tomatoes. Retrieved 19 April Holmes Reviews".
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Films by Bill Condon. Screen adaptations of Sherlock Holmes. Sherlock Holmes A Game of Shadows Holmes