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Towards A New Paradigm of Legal Certainty
Legisprudence:International Journal for the Study of Legislation, 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.
Stefano Bertea
exaly +4 more sources
Law and Philosophy Library, 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 ...
Humberto Avila, Avila Humberto
exaly +2 more sources
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 ...
Humberto Avila, Avila Humberto
exaly +2 more sources
Law and Philosophy Library, 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.
Humberto Avila, Avila Humberto
exaly +2 more sources
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.
Humberto Avila, Avila Humberto
exaly +2 more sources