The author might have explored Holmes's skepticism more, but he oddly leaves many questions open that he could have addressed. What values should drive the law? We are left wondering.

In his own day, Holmes was revered as the greatest, wisest judge in the English-speaking world. Today, however, Holmes' significance is downplayed in law schools across America, or he is trashed as he is in this book. The dramatic decline in Holmes' popularity and influence has resulted from his opinion in a single case, Buck v. Bell (1927), in which Holmes advocated sterilization of "imbeciles." Since the Holocaust, sterilization is understandably unpopular, especially among Jews, who dominate the faculties at America's top law schools and write many widely-used casebooks. Holmes, who wrote his opinion in Buck v. Bell long before the Holocaust, has been lumped into the Nazi camp (the Nazis tried to use Buck v. Bell at Nuernberg to defend their practices) by modern liberals, and many so-called "legal scholars" now dismiss Holmes' ideas without consideration and do not include his opinions in their casebooks. One of the central tenets of historiography is that it is improper to judge historical figures by the moral standards of today. Alschuler violates this principle again and again--excoriating a great mind because of the way its ideas were used by others. Compare this book to THE ESSENTIAL HOLMES, which is both scholarly and readable. It is also written by Judge Posner, an influential modern jurist respected by liberals and conservatives. Do your own reasoning, draw your own conclusions, and be fooled by no one.

This book is extremely well written, thoroughly researched and possessing the profound perspective of a wise and intelligent writer exercising his science and art with a passion that can be felt just beneath the surface of cool academic analysis. This book is not only of interest to legal historians and philosophers of law, but to any reader wishing to take hold of the main threads which run through the cultural landscape of the modern world.