Essay heading: american realist movement

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February 13, 2008






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At its very extreme, this rule scepticism exhibited itself as fact scepticism, as propounded by Judge Jerome Frank (1889-1957). He felt that even in consideration of a particular ?easy-to-interpret' rule, a judge or in particular a jury can always find the facts it pleases so that a rule will give the decision it wants...
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Therefore, the law only comes into existence when particular facts have been decided on, and before that no law on that subject is in existence. The two main emerging factors are that rules by their nature cannot control decisions by courts and that the overriding function of the law is the settlement of disputes...
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