Certainty in Law: Law and Philosophy Library

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 ¿vila 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?











¿(¿) 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)