Life & Mortality Quote by Oliver Wendell Holmes Sr.

Holmes is doing something sly here: he dresses a joke in a judge’s robe and lets the robe become the punchline. The sentence pretends to be sober legal guidance, then quietly swerves into absurdity - as if American jurisprudence might legitimately weigh not only motive and causation, but comedic quality. That deadpan escalation is the engine: “the jury would be judges both of the facts and of the pun.” It’s a parody of legal reasoning that exposes how much “reasonable” judgment is really taste, temperament, and cultural norm disguised as principle.

Specific intent: to needle the moral seriousness of law and the social seriousness of language at once. Holmes, a poet with a physician’s eye for human irritability, isn’t endorsing violence over wordplay; he’s mocking the thinness of civilized restraint. The comic premise - a pun provoking a blow - smuggles in a darker idea: people want permission to retaliate, and institutions often provide it after the fact by laundering passion into procedure.

The subtext is class and etiquette. Puns have long been treated as low entertainment, a kind of verbal misbehavior. Holmes inflates that snobbery into a faux doctrine: if the pun is “aggravated,” maybe the killing is “justifiable.” The exaggeration spotlights how communities enforce taste with real penalties, sometimes social, sometimes physical, and then rationalize those penalties as order.

Context matters too: this is a 19th-century public intellectual playacting as a jurist, in a culture that prized decorum and masculine honor. Holmes turns the courtroom into a comedy club and makes the audience uneasy about how easily the two can rhyme.