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The Legal Realism Of Jerome N Frank
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Book Synopsis The Legal Realism of Jerome N. Frank by : Julius Paul
Download or read book The Legal Realism of Jerome N. Frank written by Julius Paul and published by Springer. This book was released on 2012-12-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 2017-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 1930 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Courts on Trial written by Jerome Frank and published by Princeton University Press. This book was released on 1973-09-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by . This book was released on 1936 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Passionate Liberal: The Political and Legal Ideas of Jerome Frank by : W.E. Volkomer
Download or read book The Passionate Liberal: The Political and Legal Ideas of Jerome Frank written by W.E. Volkomer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jerome Frank was one of the most important spokesmen for the generation of liberal intellectuals who came to maturity during the period of Franklin Roosevelt's New Deal. He was never a major figure in public life and thus never became a symbol of the period as did President Roosevelt, Henry Wallace, Harry Hopkins, or others whose positions made their views acces sible to the entire reading and listening public. While these men represented the popular view of the New Deal with its dedication to the elimination of the economic misery which beset the nation during the nineteen thirties, Frank may be the New Deal figure who most accurately summarized the intellectual currents of the period. As is the case with all thinkers, most of the ideas Frank presented in his books, articles, speeches, and in actual practice in governmental service were drawn from the works of other men. He brought together many diverse strains of thought, contributed some of his own ideas, and wove these to gether into a pattern which typifies the intellectual atmosphere that was the New Deal.
Book Synopsis The Iconoclast as Reformer by : Robert Jerome Glennon
Download or read book The Iconoclast as Reformer written by Robert Jerome Glennon and published by . This book was released on 1985 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jerome Frank by : Jehiol Mitchell Rosenberg
Download or read book Jerome Frank written by Jehiol Mitchell Rosenberg and published by . This book was released on 1970 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Political Philosophy of Jerome N. Frank by : Walter E. Volkomer
Download or read book The Political Philosophy of Jerome N. Frank written by Walter E. Volkomer and published by . This book was released on 1974 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Man's Reach written by Jerome Frank and published by Greenwood. This book was released on 1977 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mechanical Jurisprudence ... by : Roscoe Pound
Download or read book Mechanical Jurisprudence ... written by Roscoe Pound and published by . This book was released on 1908 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Realism and American Law by : Justin Zaremby
Download or read book Legal Realism and American Law written by Justin Zaremby and published by A&C Black. This book was released on 2013-12-05 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Book Synopsis Legal Education and Public Policy by : Harold D. Lasswell
Download or read book Legal Education and Public Policy written by Harold D. Lasswell and published by Routledge. This book was released on 2017-07-05 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of a cascade of criticism launched against the social sciences, they have brought a qualitative improvement in method and theory to the study of human beings and human relations. In the process of developing now commonplace foundations of social research few individuals have exercised a greater role in justifying and enriching social scientific thought and practice than Harold D. Lasswell. Originally published in 1945 as The Analysis of Political Behaviour, this extraordinary volume has been re-titled Legal Education and Public Policy. The selections acknowledge Lasswell's growing anxieties about a world of revolution, violence, and terror, and the frailties of law in addressing such matters. That he did so without recourse to vague and fatuous appeals to world law and world order is an indication of how close to empirical realities he remained. Lasswell's essays fuse the legal and moral in the conduct of public policy. This did not deter him from arguing the case for and ultimate benefits of democratic values as a ground for legal thought. Lasswell singles out the interviewing technique of the psychiatrist, what he calls -the insight interview- in many of these essays. The Freudian world opened up the possibilities of analysis to political scientists who, prior to Lasswell, viewed neuroses in the leaders they studied but without normative points to measure their own biases. Lasswell's essays serve as a landmark in accelerating rapid advance in social science research. It allowed for the evolution of political behavior that has catapulted the field to a major dimension of political science studies in leadership and mass persuasion.
Author :Michael Martin Publisher :Peter Lang Incorporated, International Academic Publishers ISBN 13 : Total Pages :264 pages Book Rating :4.F/5 ( download)
Download or read book Legal Realism written by Michael Martin and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1997 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal and reformulation of the major doctrines of Scandinavian legal realists such as Axel Hägerström, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement.
Author :Jerome Frank Publisher :Princeton, N.J. : Princeton University Press ISBN 13 :9780691092058 Total Pages :441 pages Book Rating :4.0/5 (92 download)
Download or read book Courts on Trial written by Jerome Frank and published by Princeton, N.J. : Princeton University Press. This book was released on 1973 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an indepth analysis of the American legal system and proposes reforms in the workings of the court. Bibliogs
Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha
Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Book Synopsis In Memoriam Judge Jerome N. Frank, 1889-1957 by :
Download or read book In Memoriam Judge Jerome N. Frank, 1889-1957 written by and published by . This book was released on 1957 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
