The Legal Realism of Jerome N. Frank A Study of Fact-Skepticism and the Judicial Process
Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most o...
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| Format: | eBook |
| Language: | English |
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Dordrecht
Springer Netherlands
1959, 1959
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| Edition: | 1st ed. 1959 |
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| Online Access: | |
| Collection: | Springer Book Archives -2004 - Collection details see MPG.ReNa |
Table of Contents:
- A Short Note on Methodology
- A Brief Biographical Sketch of Jerome Frank
- One — Foundations of american legal realism
- Holmes’ Legal Positivism: The Forerunner of Legal Realism
- Roscoe Pound’s Sociological Jurisprudence
- Institutional and Anthropological Approaches to Law
- Legal Realism and the Psychological Approach to Law
- Jerome Frank’s Contribution
- Two — The crusade against the “myth” of legal certainty
- Why Do Men Crave Legal Certainty ?
- Legal Certainty: Frank’s “Wasteland” of Modern Law
- The Road to Liberation
- The Consequences of Frank’s Attack
- Three — Psychology as the new weapon of attack
- Frank’s War of Liberation
- The Use of Psychological Materials: Jurisprudence as Therapy
- The Future of Psychological Tools in the Study of Law
- Four — The role of the judge in the judicial process
- What Courts Do In Fact
- The Anatomy of Court-House Government
- The Judicial “Hunch”: The Contrapuntal Strains of Frank’s Analysis of the Judicial Process
- The Upper-Court Myth and Its Effects: Rule-Skepticism and Fact-Skepticism
- Metaphysical Questions
- Five — Trial by jury and the problem of legal education
- Major Defects of the Jury System
- Suggested Reform of the Jury System
- The Conviction of Innocent Men
- Jury Verdicts and the Problem of Cadi-Justice
- The Relation of Legal Education to the Judicial Process
- How to Improve Legal Education
- Fusing Law and the Social Sciences: The Inter-Disciplinary Approach
- Six — Frank’s contributions to the philosophy of American legal realism
- Legal “Axioms” and Frank’s Suggested Remedies
- Criticism and Counter-Criticism of Jerome Frank’s Philosophy of Law and of Legal Realism in General
- The Troublesome Problem of “Fact” and “Value”
- Some SelectedOpinions of Judge Jerome Frank
- A Bibliography of the Writings of Jerome N. Frank
- General Works Used in This Study