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" "if one of two or more joint wrongdoers has to pay all the damages, he cannot recover contribution from his fellows.
Oliver Wendell Holmes, Jr. (8 March 1841 – 6 March 1935) was an American jurist and Associate Justice of the Supreme Court of the United States from 1902 to 1932; he was often called "The Great Dissenter", and was the son of Oliver Wendell Holmes, Sr.
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Leaving the criminal law on one side, what is the difference between the liability under the mill acts or statutes authorizing a taking by eminent domain and the liability for what we call a wrongful conversion of property where restoration is out of the question. In both cases the party taking another man's property has to pay its fair value as assessed by a jury, and no more. What significance is there in calling one taking right and another wrong from the point of view of the law?
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Your remark about the “oughts” and system of values in political science leaves me rather cold. If as I think, the values are simply generalizations emotionally expressed, the generalizations are matters for the same science as other observations of fact. If as I sometimes suspect, you believe in some transcendental sanction, I don't. Of course, different people, and especially different races, differ in their values — but those differences are matters of fact and I have no respect for them except my general respect for what exists. Man is an idealizing animal — and expresses his ideals (values) in the conventions of his time. I have very little respect for the conventions in themselves, but respect and generally try to observe those of my own environment as the transitory expression of an eternal fact. . .