Certainty in Law / by Humberto Ávila.

Format:

Book

Author/Creator:

Ávila, Humberto., Author.

Series:

Law and Philosophy Library, 1572-4395 ; 114

Language:

English

Subjects (All):

Law—Philosophy.

Law.

Political science.

Finance, Public.

Theories of Law, Philosophy of Law, Legal History.

Philosophy of Law.

Financial Law/Fiscal Law.

Local Subjects:

Theories of Law, Philosophy of Law, Legal History.

Philosophy of Law.

Financial Law/Fiscal Law.

Physical Description:

1 online resource (XVIII, 520 p.)

Edition:

1st ed. 2016.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2016.

Summary:

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? “(…) 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) .

Contents:

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.

Notes:

Includes bibliographical references.

ISBN:

3-319-33407-7