Details
Certainty in Law
Law and Philosophy Library, Band 114
|
160,49 € |
|
| Verlag: | Springer |
| Format: | |
| Veröffentl.: | 20.07.2016 |
| ISBN/EAN: | 9783319334073 |
| Sprache: | englisch |
Dieses eBook enthält ein Wasserzeichen.
Beschreibungen
<p>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.</p><p>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?</p><p>
</p><p>“(…) 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)</p>
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.</p><p>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?</p><p>
</p><p>“(…) 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)</p>
<p>Chapter 1: Introduction.- Part1: Meaning
of legal certainty.- Chapter 2: Non: legal
certainty.- Chapter 3: Legal certainty.-
Part 2: Justification of legal certainty.- Chapter 4: Foundations in the
constitutional superstructure.- Chapter 5: Foundations in the constitutional
structure.- Part 3: Definition of legal certainty.-
Chapter 6: The concept of legal certainty.- Chapter 7: The concept of tax law
certainty.- Part 4: Content of legal certainty.- Chapter 8: Static dimension.- Chapter
9: Dynamic dimension.- Part 5: Efficacy of legal certainty.- Chapter 10: Normative
function.- Chapter 11: Normative force.- Chapter 12: Conclusions and theses.- References.</p>
of legal certainty.- Chapter 2: Non: legal
certainty.- Chapter 3: Legal certainty.-
Part 2: Justification of legal certainty.- Chapter 4: Foundations in the
constitutional superstructure.- Chapter 5: Foundations in the constitutional
structure.- Part 3: Definition of legal certainty.-
Chapter 6: The concept of legal certainty.- Chapter 7: The concept of tax law
certainty.- Part 4: Content of legal certainty.- Chapter 8: Static dimension.- Chapter
9: Dynamic dimension.- Part 5: Efficacy of legal certainty.- Chapter 10: Normative
function.- Chapter 11: Normative force.- Chapter 12: Conclusions and theses.- References.</p>
<p>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.</p><p>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?</p><p>
</p><p>“(…) 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)</p><p>
</p><p> </p>
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.</p><p>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?</p><p>
</p><p>“(…) 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)</p><p>
</p><p> </p>
Examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies Illustrates and defends the theses using a wealth of examples from case law Shows that the legal certainty principle differs from all other principles, deploying the full conceptual arsenal of constitutional and tax law, as well as legal theory and philosophy of law
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