Suchergebnisse

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 Selected Opinions of Judge Jerome Frank -- A Bibliography of the Writings of Jerome N. Frank -- General Works Used in This Study.

The world's a battle-ground for allGo forth and conquer if you willBut if you win or if you fall,Be each, please God, a gentleman.With these ringing words, Colonel Henry L. Kincaide, at the 1913 Convention of the American Manufacturers Export Association, urged his fellow manufacturers into battle. The adversaries were England and Germany; the prize, world trade (Faulkner, 1924; Beard, 1934; Williams, 1959; LaFeber, 1963).The speech came at an opportune time, because just three months later Congress was to pass the Federal Reserve Act and thus sanction a trade aid for which exporters had been lobbying for many years-the legal establishment of American branch banks in foreign countries (Chandler, 1911; Holmes, 1912; Bankers Magazine, 1913; Ring, 1913).