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Article
April 11, 1931

Law and the Modern Mind.

Author Affiliations
 

By Jerome Frank. With an introduction by Judge Julian W. Mack. Cloth. Price, $4. Pp. 362. New York: Brentano's 1930.

JAMA. 1931;96(15):1256. doi:10.1001/jama.1931.02720410066041

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Abstract

This volume is an attempt to apply to the problems of the law some of the modern discoveries of scientific psychology. After all, the law is administered by human beings. Those human beings are subject to the same psychologic motivations that affect other human beings. The judge, the jurymen, the lawyer and all of those concerned with the processes of the evaluation of crime and punishment must be controlled by their previous experiences or, to use the vernacular of Sigmund Freud, "the subconscious mind." Mr. Frank reveals his opinion in an extremely interesting manner and cites numerous cases to prove his point of view. The obvious method for overcoming such a situation would be to choose for judges men with scientific minds. True, the lawmakers have endeavored to discount the personality by a vast amount of vocabulary and verbosity as the basis of legislation and judicial decision; but this, unfortunately,

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