Law and the modern mind

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LAW

AND THE MODERN MIND

a Whenever an attempt

made

is

to point 'out that in every

and

step in actual thinking a person intervenes

directs the

course of thought in accordance with his interests

and that therefore of thought '

this fact

raised that this

and

to understand the sequence

is

and

ideas,

and connection

must be taken into account, the cry

is

psychology, and an attack upon the dignity

integrity of logic. It

may

but

so,

it

does not follow

that the fact can therefore be disregarded.”

F. C.

“

lawyers and judges too often

I think that

nize that the decision consists in

by the court

in

Schiller, “Formal Logic.”

S.

doing

it.

what

is

Every decision

is

recog-

fail to

done, not

what

is

said

to be read with

regard to the facts in the case and the question actually decided.

.

.

„

The

courts

state

force of their observations

and

\

his application

lies

general in

but

principles

the application of '

the

them

cannot be predicted with, accuracy.”

Judge Cuthbert W. Pound.

“ General propositions do not decide concrete cases.”

Mr. Justice Oliver Wendell Holmes.

“

If

this

discovery

accepted scientific law:]

ment,

it

Is

t

[of

the

comes to

fallibility

only because pur minds are tinged from infancy

with the hoary superstition of the absolute. great

laws?

law ’

of a previously

us" as a great disillusion-

is

We

say,

c

If this

not always true, what becomes of our other exact

But can we have no reverence for any institution

without making the childish assumption of

Can we not

its

infallibility?

see that exact laws* like all other ultimates

absolutes, are as fabulous as the crock of

or

gold at the rainbow’s

end? ”

Lewis, “ The Anatomy of Science.”

LAW

and the

Modern Mind BY JEROME FRANK

LONDON

STEVENS & SONS LIMITED 1

949

First Edition

193§J

'1931

Second Impression Third Impression Fourth Impression Fifth Impression Sixth Impression

1935 1936 1936 1949

Published by

Coward-McCann of

,

Inc.

New 'York

First English Edition 1949

Published by Stevens of 119