霍姆斯司法哲学的核心是司法自制。霍姆斯对法官将个人的观念、意识乃至偏见带入司法过程保持高度警惕,一贯主张在裁判过程中应尽可能尊重立法部门的价值判断,维持立法的合宪有效。但在言论自由诉讼中霍姆斯则选择司法能动主义哲学,坚持对限制言论自由的立法实行严格的宪法审查。霍姆斯这种双重司法哲学是其怀疑主义人生哲学的产物。对个人智识的怀疑使他宁愿相信民主多数的认知,而对理论教条的怀疑则使他深信唯有言论自由才能造就观念的自由市场。霍姆斯司法哲学对世界现代司法哲学的发展产生了深远影响。 Holmes’s philosophy of justice is the core of self-control. Holmes maintains a high degree of vigilance on the part of the judge bringing personal conception, awareness and even prejudice into the judicial process. He always maintains that in the refereeing process, the value judgments of the legislature should be respected as far as possible to maintain the constitutionality and effectiveness of the legislation. However, in the freedom of speech, Holmes chose the philosophy of judicial activism and insisted on strict constitutional review of the legislation restricting freedom of speech. Holmes’s dual judicial philosophy is a product of his skepticism’s philosophy of life. His suspicion of personal intelligence led him to trust the democratic majority, and his suspicion of doctrinal dogma convinced him that free speech could only be made without the freedom of speech. Holmes’ s juridical philosophy had far-reaching impact on the development of modern judicial philosophy in the world.