Julius Paul

The Legal Realism of Jerome N. Frank (eBook, PDF)

A Study of Fact-Skepticism and the Judicial Process
Redaktion: Green, Leon

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Springer Netherlands
• Seitenzahl: 177
• Erscheinungstermin: 6. Dezember 2012
• Englisch
• ISBN-13: 9789401194938
• Artikelnr.: 44055014

Inhaltsangabe

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.