Law and the Modern Mind¶
Frank, J. (1930). Law and the Modern Mind.
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- Yet legal realists have long observed that opinions can present a tidy inferential surface over a decision actually driven by policy or disposition — the logos form licensing a holding the cited authorities do not strictly compel
This sourceJerome Frank's founding realist statement that legal certainty is a myth and 'the law of any case is what the judge decides' — the rule-and-authority surface of an opinion being rationalisation rather than cause; the policy reading of the same point belongs to Felix Cohen.
- Yet legal realists have long observed that opinions can present a tidy inferential surface over a decision actually driven by policy or disposition — the logos form licensing a holding the cited authorities do not strictly compel
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Registry ID ref:87ed24bc5672 · see in the full table