O. W. HOLMES' VIEW ON THE ROLE OF LARGE CAPITAL AND THE INSTITUTION OF PRIVATE PROPERTY

Danilova Elena Valeryevna

This article examines the position of Oliver Wendell Holmes Jr., an Associate Justice of the U.S. Supreme Court, regarding large capital and private property. Its primary goal is to analyze how Holmes viewed the interplay between economy and law during industrialization and the rise of big business. The study focuses on Holmes’ dual approach that combines support for individual freedom and property rights while recognizing the risks associated with concentration of power among major corporations. Special attention is given to Holmes’ endorsement of antitrust legislation aimed at preventing monopolistic structures. Using historical legal analysis as its methodology, this work identifies key elements of Holmes’ perspective. It concludes that Holmes sought to balance entrepreneurial freedom with public interests, emphasizing the need for flexible application of laws amidst changing economic conditions. This balanced approach remains relevant today and has had significant influence on both American jurisprudence and economic policy.

Keywords:Oliver Wendell Holmes Jr., Big Capital, Private Property, Antitrust Legislation, The US Supreme Court.