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Holmes and CardozoI n this article we will try to illustrate the pragmatist nature of American jurisprudence in the the last period of nineteenth century and the early period of twentieth century. This historical stage in American jurisprudential history was shaped by monopolist capitalism and entellectual neccecities for a new social philosophy for the new social and economical circumstances in the United States. This was different from natural law philosophy compatible with the founder political philosophy of United States, and had anti-Blackstonian character. At this point, firstly, we encounter with Oliver Wendell Holmes Jr.’s Benthamite, predictive, fallibilist, empricist and pragmatical philosophy of law in the context of generel theory of Common Law; and soon after with Benjamin Nathan Cardozo’s pragmatical and sociological philosophy of adjudication in his book, “The Nature of Judicial Process”

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