Courts on Trial: Myth and Reality in American Justice

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Princeton University Press, 1973 - Law - 441 pages
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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.

  

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Contents

THE NEEDLESS MYSTERY OF COURTHOUSE GOVERNMENT
1
FIGHTS AND RIGHTS
5
FACTS ARE GUESSES
14
MODERN LEGAL MAGIC
37
WIZARDS AND LAWYERS
62
THE FIGHT THEORY VERSUS THE TRUTH THEORY
80
THE PROCEDURAL REFORMERS
103
THE JURY SYSTEM
108
THE CULT OF THE ROBE
254
PRECEDENTS AND STABILITY
262
CODIFICATION
290
WORDS AND MUSIC LEGISLATION AND JUDICIAL INTERPRETATION
292
CONSTITUTIONSTHE MERRYGOROUND
310
LEGAL REASONING
316
DA CAPO
326
THE ANTHROPOLOGICAL APPROACH
330

DEFENSES OF THE JURY SYSTEMPROPOSED REFORMS
126
ARE JUDGES HUMAN?
146
PSYCHOLOGICAL APPROACHES
157
CRITICISM OF TRIALCOURT DECISIONSTHE GESTALT
165
A TRIAL AS A COMMUNICATIVE PROCESS
186
LEGAL SCIENCE AND LEGAL ENGINEERING
190
THE UPPERCOURT MYTH
222
LEGAL EDUCATION
225
SPECIAL TRAINING FOR TRIAL JUDGES
247
NATURAL LAW
346
THE PSYCHOLOGY OF LITIGANTS
374
THE UNBLINDFOLDING OF JUSTICE
378
LEGAL CLASSICISM AND ROMANTICISM
392
JUSTICE AND EMOTIONS
405
QUESTIONING SOME LEGAL AXIOMS
416
REASON AND UNREASONIDEALS
427
INDEX
431
Copyright

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About the author (1973)

Jerome Frank was distinguished as a lawyer, chairman of the SEC, federal judge, and writer.

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