Social Darwinism covers a set of particulars bearing a family resemblance including, but not limited to the extension of evolutionary biology to social phenomena, a biological explanation for the success of certain more biologically "fit" groups over others, an acceptance of the use of force by the "fit" to succeed over the "unfit" in the life struggle, and a preference for competition in the marketplace and a laissez-faire ideology. The serpent of Social Darwinism leaves a trail of the eugenics movement (...) in its wake. Evidence can be found that Oliver Wendell Holmes's judicial and non-judicial philosophy fits each of these instantiations.This paper first explains the origins of Social... (shrink)