Chapter

The Legal Realism of Jerome N. Frank

pp 69-92

The Role of the Judge in the Judicial Process

  • Julius Paul

Abstract

Jerome Frank’s attack on what he considers the basic legal myth is severely critical of the role that judges play in the judicial process. As a crusading reformer, Frank was not a carping critic, for he made many helpful suggestions of how the courts could function more smoothly and intelligently, especially in the process of finding the facts in a particular case. The myth of legal rule certainty plagues the entire legal system, and hence, Frank is bent on examining this myth wherever it does harm.