Law And The Modern Mind
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,...
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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.
Introduction to the Transaction Edition xiPreface xixPreface to Sixth Printing xxPart 1 The Basic Legal Myth, and Some of its ConsequencesI The Basic Myth 3II A Partial Explanation 14III The Language of the Law: Lawyers as a Profession of Rationalizers 24IV Judicial Law-Making 35V Legal Realism 46VI Beale, and Legal Fundamentalism 53VII Verbalism and Scholasticism 62VIII Childish Though-Ways 75IX Genetics 83X Word-Consciousness 91XI Scientific Training 100XII The Judging Process and the Judge's Personality 108XIII Mechanistic Law; Rules; Discretion; The Ideal Judge 127XIV Illusory Precedents: The Future: Judicial Somnambulism 159XV Painful Suspension 172XVI The Basic Myth and the Jury 183XVII Codification and the Command Theory of Law 200XVIII The Religious Explanation 210Part 2 The Basic Myth, and Certain Brilliant Legal ThinkersI Dean Roscoe Pound and the Search for Legal Certainty 221II Jhering and the Kingdom of Justic on Earth 232III Demogue's Belief in the Importance of Deluding the Public 238IV Wurzel and the Value of Lay Ignorance 245V The Meaning of Compromise 248VI The Candor of Cardozo 252Part 3 ConclusionI Getting Rid of the Need for Father-Authority 259II Mr. Justice Oliver Wendell Holmes, the Completely Adult Jurist 270AppendixesI Other Explanations 281II Notes on Rule-Fetichism and Realism 283III Science and Certainty: An Unscientific Conception of Science 307IV Notes on Pound's Views1 On the Nature of the Desire for Legal Certainty 3122 Some Traditional Elements in American Law 318V Notes on the Jury 327VI Notes on Codification 336VIINotes on Fictions 338VIII For Readers Who Dislike References to "Unconscious Mental Processes" 351IX Reference Notes, by Chapters 353X Addenda to Second Printing1 Concerning Partial Explanations 3912 The "Conceptual" Nature of Psychological Explanations 3923 The Difference between (a) What Exists or Can Exist and (b) What One Would Like to Have Exist 398Index 400
\ From the Publisher"Jerome Frank's book is an original, daring and profound contribution, not only to jurisprudence but also to social science in general." —Harry Elmer Barnes "One of the most stimulating and challenging books on law and thinking about law that has ever been written." —Thomas Reed Powell, Harvard Law School\ \
