Law and the Modern MindRoutledge, 2017 M07 12 - 448 pages Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom. |
Contents
THE BASIC LEGAL MYTH AND SOME OF ITS CONSEQUENCES | |
The Basic Myth | |
A Partial Explanation | |
Lawyers as a Profession of Rationalizers | |
Judicial LawMaking | |
Painful Suspension | |
The Basic Myth and the Jury | |
Codification and the Command Theory of | |
The Religious Explanation | |
Dean Roscoe Pound and the Search for Legal Certainty | |
Jhering and the Kingdom of Justice on Earth | |
Demogues Belief in the Importance of Deluding the Public | |
Wurzel and the Value of Lay Ignorance | |
Legal Realism | |
Beale and Legal Findamentalism | |
Verbalism and Scholasticism | |
Childish ThoughtWays | |
Genetics | |
WordConsciousness | |
Scientific Training | |
The Judging Process and the Judges Personality | |
Mechanistic Law Rules Discretion The Ideal Judge | |
The Future Judicial Somnambulism | |
The Candor of Cardozo | |
Getting Rid of the Need for FatherAuthority | |
Mr Justice Oliver Wendell Holmes the Completely Adult | |
Other Explanations | |
an Unscientific Conception of Science | |
Notes on the Jury | |
Notes on Codification | |
For Readers who Dislike References to Unconscious Mental | |
Addenda to Second Printing | |
Other editions - View all
Common terms and phrases
absolute abstract actual adult Appendix applied attitude authoritative Beale become believe Cardozo Chapter child childish Columbia Law Review concealed concepts conclusion critics decide decisions Demogue desire determine Dickinson discretion dogma effect emotional existence experience explanation expressed F. C. S. Schiller factors facts father fiction formal Harvard Law Review Holmes human idea illusion individual judge judge’s judgment jury justice language lawyers legal certainty legal fictions Legal Philosophy legal realism legal rules legislation less logic major premise means method mind Morris Cohen myth nature notion observation opinion particular persons philosophy Philosophy of Law Plato Pound practical precedents precisely predictability principles problems question realistic reality reason relation result Roscoe Pound rules of law says scholasticism scientific sense skeptics social statement statutes tendency theory things thinking thought truth uncertainty unconscious upper court Vaihinger verdict witness words writes Wurzel Yale Law Journal