Jerome Frank Law and the Modern Mind

ISBN 13: 9781412808309

Law and the Modern Mind

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9781412808309: Law and the Modern Mind
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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.

Frank points out that legal verdicts are supposed to result from the application of legal rules to the facts of the suit--a procedure that sounds utterly methodical. Frank argues, that profound, immeasurable biases strongly influence the judge and jury's reaction to witnesses, lawyers, and litigants. As a result, we can never know what they will believe "the facts of the suit" to be. The trial's results become unforeseeable, the lawyer's advice unreliable, and the cause of justice insecure. This edition includes the author's final preface in which he answers two decades of criticism of his position.

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About the Author:

Jerome Frank (1889-1957) was a judge of the United States Court of Appeals and a philosopher who played a leading role in the legal realism movement. In his lifetime he also served as general counsel for the Agricultural Adjustment Administration and commissioner of the Securities Exchange Commission. In addition to the present work he also wrote Courts on Trial.

Review:

"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

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Other Popular Editions of the Same Title

9780844606293: Law and the Modern Mind

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ISBN 10:  0844606294 ISBN 13:  9780844606293
Publisher: Peter Smith Pub Inc, 1985
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9781138526969: Law and the Modern Mind

Routledge, 2017
Hardcover

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Book Description Taylor Francis Inc, United States, 2009. Paperback. Condition: New. Transaction ed.. Language: English . Brand New Book ***** Print on Demand *****.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. Seller Inventory # AAV9781412808309

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