Law and the Modern Mind 1st Edition by Jerome Frank, Brian Bix 1412808308 9781412808309

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ISBN 10: 1412808308

ISBN 13: 9781412808309

Author: Jerome Frank, Brian H. Bix

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.

Law and the Modern Mind 1st Table of contents:

PART ONE THE BASIC LEGAL MYTH, AND SOME OF ITS CONSEQUENCES

I. The Basic Myth

II. A Partial Explanation

III. The Language of the Law: Lawyers as a Profession of Rationalizers

IV. Judicial Law-Making

V. Legal Realism

VI. Beale, and Legal Findamentalism

VII. Verbalism and Scholasticism

VIII. Childish Thought-Ways

XI. Genetics

X. Word-Consciousness

XI. Scientific Training

XII. The Judging Process and the Judge’s Personality

XIII. Mechanistic Law; Rules; Discretion; The Ideal Judge

XIV. Illusory Precedents: The Future: Judicial Somnambulism

XV. Painful Suspension

XVI. The Basic Myth and the Jury

XVII. Codification and the Command Theory of Law

XVIII. The Religious Explanation

PART TWO THE BASIC MYTH, AND CERTAIN BRILLIANT LEGAL THINKERS

I. Dean Roscoe Pound and the Search for Legal Certainty

II. Jhering and the Kingdom of Justice on Earth

III. Demogue’s Belief in the Importance of Deluding the Public

IV. Wurzel and the Value of Lay Ignorance

V. The Meaning of Compromise

VI. The Candor of Cardozo

PART THREE CONCLUSION

I. Getting Rid of the Need for Father-Authority

II. Mr. Justice Oliver Wendell Holmes, the Completely Adult Jurist

APPENDIXS

I. Other Explanations

II. Notes on Rule-Fetichism and Realism

III. Science and Certainty: an Unscientific Conception of Science

IV. Notes on Pound’s Views

1. On the Nature of the Desire for Legal Certainty

2. Some Traditional Elements in American Law

V. Notes on the Jury

VI. Notes on Codification

VII. Notes on Fictions

VIII. For Readers who Dislike References to “Unconscious Mental Processes”

IX. Reference Notes, by Chapters

X. Addenda to Second Printing

1. Concerning Partial Explanations

2. The “Conceptual” Nature of Psychologi cal Explanations

3. The Difference between (a) What Exists or Can Exist and (b) What One Would Like to Have Exist

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