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Law and the Modern Mind
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Law and the Modern Mind book
Law and the Modern Mind
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Law and the Modern Mind book
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ABSTRACT
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.
TABLE OF CONTENTS
part |2 pages
PART ONE THE BASIC LEGAL MYTH, AND SOME OF ITS CONSEQUENCES
chapter I|11 pages
. The Basic Myth
chapter II|10 pages
. A Partial Explanation
chapter III|11 pages
The Language of the Law: Lawyers as a Profession of Rationalizers
chapter IV|11 pages
Judicial Law-Making
chapter V|7 pages
Legal Realism
chapter VI|9 pages
Beale, and Legal Fundamentalism
chapter VII|13 pages
Verbalism and Scholasticism
chapter VIII|8 pages
Childish Thought-Ways
chapter IX|8 pages
Genetics
chapter X|9 pages
Word-Consciousness
chapter XI|8 pages
Scientific Training
chapter XII|19 pages
The Judging Process and the Judge's Personality
chapter XIII|32 pages
Mechanistic Law; Rules; Discretion; The Ideal Judge
chapter XIV|13 pages
Illusory Precedents: The Future: Judicial Somnambulism
chapter XV|11 pages
Painful Suspension
chapter XVI|17 pages
. The Basic Myth and the Jury
chapter XVII|10 pages
. Codification and the Command Theory of Law
chapter XVIII|9 pages
. The Religious Explanation
part |2 pages
PART TWO THE BASIC MYTH, AND CERTAIN BRILLIANT LEGAL THINKERS
chapter I|11 pages
. Dean Roscoe Pound and the Search for Legal Certainty
chapter II|6 pages
. Jhering and the Kingdom of Justice on Earth
chapter III|7 pages
. Demogue's Belief in the Importance of Deluding the Public
chapter IV|3 pages
Wurzel and the Value of Lay Ignorance
chapter V|4 pages
The Meaning of Compromise
chapter VI|5 pages
. The Candor of Cardozo
part |2 pages
PART THREE CONCLUSION