The story of Anglophone general jurisprudence and legal philosophy in the
twentieth century can be told as a tale of two Boston lectures, separated by
sixty years, and their respective legacies.
In 1897, Oliver Wendell Holmes, Jr., then Associate Justice of the Supreme
Judicial Court of Massachusetts, delivered a lecture to the students of Boston
University Law School, which was later published by the Harvard Law Review
under the title, “The Path of Law.” Intended largely as advice to young men
embarking on the practice of law, the lecture initiated a dynamic new direction
for theorizing about law. Although Holmes did not single-handedly turn the
ship of American jurisprudence, the thoughts expressed in this essay launched
an approach to legal theory that was bold, iconoclastic, pragmatic, and largely
innocent of systematic legal philosophy and its history. In the early decades
of the twentieth century it inspired progressive-minded legal academics who
formed a rag-tag movement which had such a distinctively American cast that
it came to be called “American legal realism.”
Throughout the first half of the twentieth century, the movement Holmes
sired stayed home on American soil. At the same time, the rest of the commonlaw
world, led by England, was content to pursue mundane jurisprudential
tasks within the comfortable precincts of the province John Austin determined.
However, in 1952, H.L.A. Hart’s inaugural lecture, “Definition and Theory in
Jurisprudence,” jolted English jurisprudence out of its Austinian complacency
and reintroduced it to philosophy. Five years later Hart brought his revived
and revised positivist theory to the United States.
In 1957, H.L.A. Hart delivered to students of the Harvard Law School his
Holmes lecture, later published by the Harvard Law Review under the title,
“Positivism and the Separation of Law and Morals.” This essay, and even more
its book-length sequel, the classic Concept of Law (1962), launched a revitalized
enterprise of philosophically sophisticated jurisprudence that took hold
first in Britain and not long after in the United States, Canada, and the rest of
the common-law world.