has been given many different titles.

             ranging from nihilist to utilitarian. Holmes is a unique individual, given.

             the fact that not many people can accurately label him. The problem with.

             labeling Holmes is that he does not fit under just one group. Holmes has a.

             different outlook on the law and should be called a libertarian,.

             positivist, and pragmatist. In my essay I will define the different labels.

             given to Holmes and show why he would properly fit in each category, with.

             the use of different primary and secondary sources.

             .

             The Internet Encyclopedia of Philosophy defines a libertarian as a.

             person who is "committed to the belief that individuals, and not states or.

             groups of any other kind, are both ontologically and normatively primary;.

             that individuals have rights against certain kinds of forcible interference.

             on the part of others." (IEP) Libertarians believe that the government's.

             involvement with the public should be minimal. The government should not be.

             involved in personal affairs, but instead protect the public and prevent.

             harm. Holmes would fall into this group with his Lochner dissent.

             .

             In the Lochner v. New York case it was decided that the state "has.

             the power to prevent individuals from making certain kinds of contracts.".

             (Lochner, 209) Holmes did not agree with this ruling. He stated that the.

             case was "decided upon an economic theory which a large part of the country.

             does not entertain." (Lochner, 209) He believes that it is foolish for the.

             states to regulate people's personal lives. He gives an example of other.

             laws that impede personal decisions, arguing that "the liberty of the.

             citizen to do as he likes so long as he does not interfere with the liberty.

             of others to do the same.is interfered with by school laws." (Lochner,.

             209) Holmes is clearly a libertarian because he believes that the courts.

             are overstepping their rights to rule. They should not be involved in an.

             individual's day to day life.