Certainty In Law (law And Philosophy Library)
by Humberto Ávila /
2016 / English / PDF
3.8 MB Download
Instead of the usual apologetic treatment found in legal
doctrine, linked to the determinacy, immutability or
predictability of norms, this book treats legal certainty
innovatively, holistically and in depth. Using a method at once
analytical and functional, Professor Ávila examines the
structural elements of legal certainty, from its definition and
foundations to its various dimensions, normative forces and
efficacies, citing a wealth of examples from case law to support
each of the theses defended.
Instead of the usual apologetic treatment found in legal
doctrine, linked to the determinacy, immutability or
predictability of norms, this book treats legal certainty
innovatively, holistically and in depth. Using a method at once
analytical and functional, Professor Ávila examines the
structural elements of legal certainty, from its definition and
foundations to its various dimensions, normative forces and
efficacies, citing a wealth of examples from case law to support
each of the theses defended.
No subject is more important and topical than legal certainty.
Problems relating to lack of understanding, instability and
unpredictability of law intensify day by day everywhere, in civil
law and common law countries alike. Normative sources are
increasingly diverse in origin (national, international,
community) and multiple in nature (legal, contractual,
jurisprudential). They change constantly, and present
increasingly frequent problems of ambiguity and vagueness that
significantly hinder their comprehension. This state of affairs,
which to a greater or lesser extent is true of any legal order,
justifies a return to the subject of legal certainty. In this
book, essential questions are answered such as: Legal certainty
in what sense? Certainty of what, for whom, in whose vision and
by whom? When, to what extent, and to what end?
No subject is more important and topical than legal certainty.
Problems relating to lack of understanding, instability and
unpredictability of law intensify day by day everywhere, in civil
law and common law countries alike. Normative sources are
increasingly diverse in origin (national, international,
community) and multiple in nature (legal, contractual,
jurisprudential). They change constantly, and present
increasingly frequent problems of ambiguity and vagueness that
significantly hinder their comprehension. This state of affairs,
which to a greater or lesser extent is true of any legal order,
justifies a return to the subject of legal certainty. In this
book, essential questions are answered such as: Legal certainty
in what sense? Certainty of what, for whom, in whose vision and
by whom? When, to what extent, and to what end?
“(…) it is probably the most comprehensive and systematic study
ever produced on this subject using the analytical method.”
(Riccardo Guastini, Professor of Jurisprudence, University of
Genoa, Italy)
“(…) it is probably the most comprehensive and systematic study
ever produced on this subject using the analytical method.”
(Riccardo Guastini, Professor of Jurisprudence, University of
Genoa, Italy)