Increasingly constructive doubt is the sign of advancing civilization. We must put question marks along many of our inherited legal dogmas, since they are dangerously out of line with social facts.
Jerome FrankTo the somnambulist, sleep-walking may seem more pleasant and less hazardous than wakeful walking, but the latter is the wiser mode of locomotion in the congested traffic of a modern community. It is about time to abandon judicial somnambulism.
Jerome FrankTo vest a few fallible men โ prosecutors, judges, jurors โ with vast powers of literary or artistic censorship, to convert them into what J. S. Mill called a "moral police," is to make them despotic arbiters of literary products. If one day they ban mediocre books as obscene, another day they may do likewise to a work of genius.
Jerome FrankEvery lawyer of experience comes to know (more or less unconsciously) that in the great majority of cases, the precedents are none too good as bases of prediction. Somehow or other, there are plenty of precedents to go around.
Jerome Frank