Детская иллюзия правовой определенности в психологии права Джерома Фрэнка

Abstract

Publication of the book “Law and the Modern Mind” in 1930 by J. Frank became one of the starting points in the history of American legal realism. The problem of legal certainty is central in the work of J. Frank. For him the vital question was why lawyers, judges and general public “believe in” and “rely on” the myth of certainty and exactness of the legal rules. One of the reasons J. Frank finds in our childish way of thinking that is tend to fixed, stable and immutable set of mechanical rules. According to the works of child psychologists, J. Frank elaborated and described the childish illusion of world’s clarity, the important element of which is the connection of the child with his father, and its counterpart in adult’s desire for legal certainty.