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On Frank's "facts Skepticism.

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q HeFull Text:PDF
GTID:2266330431956573Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The American legal realism Frank is one of the most typical representatives.“Factual skepticism” represents radical skepticism. Pragmatism based on the philosophyof pragmatism, which is adopted in Frank’s legal perspective. Formalism had dominatedin the United States over a long time. However, formalism had been criticised by Frank.Detailed and effective solution has been provided by Frank. This resolution derivesfrom the real difficulty and it was supported by positive and innovative attitude.Psychological method was applied to reveal the truth of basic law. Further, the corecharacteristic of Law–determinacy, has been criticised by Frank. Also, several majorvariables had been analysed, such as the trial judge subjectivity and gestalt factors.From Frank perspective, decision-making of both the judge and normal people could beaffected by preference, personality and prejudice. Thus, these uncertain factors mightlead to uncertain judgment and the application of statute. In addition, the traditionallegal judicial system including23schemes were queried by Frank due to this aggressivestatement and he also improved the traditional judicial system and legal educationsystem, then the new13schemes were offered. More precisely, even though nowadays,"clinic type" teaching mode of legal education has a significant impact on the educationof law theory both in the United States and China. In conclusion, Frank’s positionshould be analysed in a critical way.
Keywords/Search Tags:Frank, fact skepticism, Trial judge, the fact
PDF Full Text Request
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