NCJ Number
130687
Journal
Journal of Law and Society Volume: 18 Issue: 2 Dated: (Summer 1991) Pages: 175-205
Date Published
1991
Length
31 pages
Annotation
A comprehensive and critical analysis is presented of Frank's jurisprudence in reference to his view on the nature of American society.
Abstract
Throughout his life Frank's jurisprudence demonstrated two conflicting sides: the democratic reformist side and the nihilistic skeptic side. To understand the evolution of this conflict, it is important to examine the intellectual and political influences on his writings. He supported the nihilistic brand of jurisprudence because he found unacceptable the political implications of a philosophy of determinism. He argued that the world is governed by chance and free will and not certain or predictable laws. He resolved that Freudian psychoanalysis could provide a framework for judicial critiques and reform in law. Between the eras of the Depression and McCarthy, Frank occupied a paradoxical position. He was a victim of anti-semitism and was accused of being a traitor. He was accused of creating an amoralistic jurisprudence, yet claimed to accept natural law doctrine. He detested communism until 1940 and was xenophobic. The neglect of Frank by modern American jurisprudence is unfortunate because of the lessons Frank's jurisprudence offers for the future of critical legal studies, particularly in the implementation of large scale reforms of the courts and law schools as well as in the political responsibilities of legal nihilism. 153 notes and references