Jerome Frank - Law and the modern mind (1930)

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Every lawyer of experience comes to know (more or less unconsciously) that in the great majority of cases, the precedents are none too good as bases of prediction. Somehow or other, there are plenty of precedents to go around.

Jerome Frank

Increasingly constructive doubt is the sign of advancing civilization. We must put question marks along many of our inherited legal dogmas, since they are dangerously out of line with social facts.

Jerome Frank

To the somnambulist, sleep-walking may seem more pleasant and less hazardous than wakeful walking, but the latter is the wiser mode of locomotion in the congested traffic of a modern community. It is about time to abandon judicial somnambulism.

Jerome Frank

Only a very foolish lawyer will dare guess the outcome of a jury trial.

Jerome Frank