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Legal Certainty and Legal Commitment Mechanisms
2021The dictionary defines the word commitment as “the engagement or obligation that restricts freedom of action” and “the state or quality of being dedicated to a cause, activity, etc.” Credibility is “the quality to be trusted and believed in.” Therefore, a credible commitment is a promise that can be assumed to be fulfilled.
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Legal Certainty and Arbitration
2020Abstract This chapter assesses legal certainty in international arbitration. It specifically considers the noticeable shift in the balance between legal certainty and legal flexibility. While legal flexibility surely continues to deserve a place among the core values of international arbitration, it is legal certainty’s stock that has ...
Frédéric Bachand, Fabien Gélinas
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Legal Certainty and Correctness
Ratio Juris, 2015AbstractWhat is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law.
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2016
The various non-legal meanings of the concept of certainty are discussed, starting with the meaning of the word “certainty” as often used to refer to a sense of external, physical, or objective security. Next is certainty in the sense of trust (in psychology, economics, philosophy, and political science), and protection of individual or collective ...
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The various non-legal meanings of the concept of certainty are discussed, starting with the meaning of the word “certainty” as often used to refer to a sense of external, physical, or objective security. Next is certainty in the sense of trust (in psychology, economics, philosophy, and political science), and protection of individual or collective ...
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Towards A New Paradigm of Legal Certainty
Legisprudence, 2008AbstractIn this essay I critically address and compare two alternative theories of legal certainty. To begin with, I introduce the positivist theory, which will be argued to be historically important and theoretically insightful but also based on questionable assumptions and leaving central aspects of legal certainty unexplained.
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2016
This chapter sets out to establish a concept of legal certainty, defining legal certainty as a guarantee of observance founded on the paradigm of semantic-argumentative controllability. Such control, it is argued, depends on elements, dimensions and aspects to be jointly assessed.
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This chapter sets out to establish a concept of legal certainty, defining legal certainty as a guarantee of observance founded on the paradigm of semantic-argumentative controllability. Such control, it is argued, depends on elements, dimensions and aspects to be jointly assessed.
openaire +1 more source