The Fact Is Speculation-analysis Of Frank’s Fact-skepticism

United States legal realism is critical legal formalism; it is a Science Law that theresearch object is the social reality. Legal realism against the judge "vendingmachine" type of judicial decisions, emphasizing the influences of personality factorson the decision of judges in the justice process. Frank as one of the famousrepresentative of realism in law, made famous by "skepticism". Considered judgmentis primarily determined by the rule of law and the facts of the case, in Frank’s viewthe rule of law and the facts of the case were uncertain and doubtful. Frank raisedskepticism on the basis of the rules, placing more emphasis on the facts of the case ofuncertainty, and that judgment are determined mainly by the facts of the case.However, due to the facts of the case are all witnesses, judges of bias factors such asunstable, resulting in a judgment may differ depending on the trial judge in the case.This article will mainly use research methods of text analysis and historical analysisto Holistic parsing Frank’s "skepticism". Apart from introduction and end theory, thetext divided into three parts:The first part will describe Frank "skepticism" background and theoreticalsources of the times. Late19th century and early20th century United States transitionfrom capitalism to monopoly capitalism, sharp increase in social problems andcontradictions, in the realm of law dominated legal formalism is stuck in a syllogism,inference model, Frank "skepticism" is criticism came into being on the basis of legalformalism."Skepticism" theory of origins primarily United States domestic law,pragmatism, realism and Freud’s theory of psychoanalysis and of course United StatesJustice Holmes and Hand’s thoughts played a role in Frank "skepticism"The second part will focus on the "skepticism" core content. Starting with thecritical basic legal myths began to arrive at the "skepticism" content--the fact that thenature of speculation. Investigations of personality on the influence and the facts ofthe case from judge Gestalt psychology, as well as in terms of a comprehensivedescription of "skepticism". Frank believes that the most important factor influencejudgment is the determination of the facts of the case and various aspects of theprocess of recognition are an integral process of guessing a factor. Judgment is a particular special character, temperament, bias of judges (including political,economic as well as moral prejudice) results of the various factors. Hence Frankconcluded that: since the facts of the case are a highly subjective thing, so judgment isan unpredictable thing, is a highly subjective result.The third part wills analysis of the facts of the Frank skepticism. Article will beset out from three areas of law."Wish assumes" and "assumed"; the certainty anduncertainty of law; legal effect and effectiveness, and will point out that the legalthought of Frank’s contribution to the legal community as well as its shortcomings.