Lesson Plan: Book That Shaped America – “The Common Law”

After serving in the Civil War, during which he was wounded, Oliver Wendell Holmes, Jr. became a scholar and jurist, eventually rising to the U.S. Supreme Court after being nominated by President Theodore Roosevelt. While practicing law in Boston, Holmes summarized a series of lectures he had delivered and had them published in 1881 as a book titled The Common Law. Holmes is known for the maxim, “The life of the law has not been logic: it has been experience” and that the law develops according to the “felt necessities of the time.” He served on the high court for nearly 30 years, retiring at age 90, and has been of the most frequently cited justices. In this lesson, students will begin by responding to reflective questions that ask them to consider what they know about the Supreme Court. From there, they will view video clips to learn about the background of Oliver Wendell Holmes, Jr. Next, they will explore a collection of videos that focus on Holmes’ jurisprudence and time served on the U.S. Supreme Court. Finally, students will respond to a prompt that asks them to explain if and how “The Common Law” shaped America.