| 書目名稱 | The Legal Realism of Jerome N. Frank | | 副標題 | A Study of Fact-Skep | | 編輯 | Julius Paul | | 視頻video | http://file.papertrans.cn/913/912976/912976.mp4 | | 圖書封面 |  | | 描述 | Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi- ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru- ment which forbids inquiry behind its face; sometimes the empha- sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im- proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside | | 出版日期 | Book 1959 | | 關鍵詞 | education; issue; jurisprudence; justice; law; legal positivism; legal realism; philosophy; philosophy of la | | 版次 | 1 | | doi | https://doi.org/10.1007/978-94-011-9493-8 | | isbn_softcover | 978-94-011-8684-1 | | isbn_ebook | 978-94-011-9493-8 | | copyright | Martinus Nijhoff, The Hague, Netherlands 1959 |
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