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Certainty in Law (Paperback, Softcover reprint of the original 1st ed. 2016)
Loot Price: R5,966
Discovery Miles 59 660
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Certainty in Law (Paperback, Softcover reprint of the original 1st ed. 2016)
Series: Law and Philosophy Library, 114
Expected to ship within 10 - 15 working days
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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
Avila 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)
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