Literature Network » Oliver Wendell Holmes

What Should We Do With the Fire Defense, Late in the Evening?*

Content courtesy of

From: Texas Law Review
Date: 20050301
Author:Hicks, John K

In 1851, Congress passed a law, which is still in force . . . .1

-Oliver Wendell Holmes, The Common Law

I. Introduction

The 1851 law to which Justice Holmes referred-the Limitation of Shipowners' Liability Act2-is now over 150 years old and it "is still in force." You may ask yourself, "Why?"3 Did the 31st Congress diligently craft a legislative masterpiece that would withstand the test of time by wisely anticipating future technological and economic developments? No. This 1851 law, rushed through with little debate at the end of the session,4 is an example of legislative largesse and ...

Read the rest of this article with a Free Trial at HighBeam Research.

Other Articles on Oliver Wendell Holmes

About Our Articles: We've partnered with Highbeam Research to provide these article excerpts for your research needs. However, due to copyright laws, we cannot publish the whole article. To view these articles in full length you'll need to use the link above to access the free trial at Highbeam.