...then is the source of their power? The first paragraph of the dissent in Lochner begins: "This case is decided upon an economic theory which a large part of the country does not entertain."44 The proposition is not elaborated. We are told neither what the economic theory is, nor...

...propositions than on concrete rules or precedents. Indeed, Holmes began with a broad proposition: "This case is decided upon an economic theory which a large part of the country does not entertain." Holmes neither explained nor elaborated the charge. Instead, he went on to point out that the decision...

...individual (Lochnerv. New York, 1905:57-61). A dissenting Justice Holmes described the case as being "decided upon an economic theory which a large part of the country does not entertain" (Lochner v. New York, 1905:75). He derided the Court's majority for failing to accept the premise that...

...impart apparent justification to Justice Holmes's famous complaint that decisions protecting them were 'decided upon an economic theory which a large part of the country does not entertain'.46 But it was a concept of rights implicit in classical economics and not a total inhibition...

...that deserve to become classical : "This case is decided opon an economic theory which a large pan of the country does not entertain. If it were a question whether I agreec with that theory, I should desire to study it further and lone before making up my mind. But...

...influential imputation of this idea was Justice Oliver Wendell Holmes's Lochner dissent: "This case is decided upon an economic theory which a large part of the country does not entertain. . . . The 14th Amendment does not enact Mr. Herbert Spencers Social Statics." 12 Holmes's assertion...

...Holmes wrote a separate, dissenting judgment that centered on five specific points: (1) the case was decided upon an economic theory which a large part of the country did not entertain; (2) it is settled that state laws may regulate life in many ways which legislators...

...principles, he wrote; instead, it was a mask behind which courts legislated policy on the basis of "an economic theory which a large part of the country does not entertain."124 Holmes insisted that it was the job of legislatures, not courts, to "embody their opinions...

...379 US 294 (1964). 92. Justice Holmes again gives us a classic expression of this view: "This case is decided upon an economic theory which a large part...that theory, I should desire to study it further. . . . But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement...

...majority is put hy Mr. Justice Holmes in a few sentences that deserve to hecome classical : "This case is decided upon an economic theory which a large part...theory, I should desire to study it further and long hefore making up my mind. But I do not conceive that to he my duty hecause I strongly helieve that...