Overview
- 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
Part of the book series: Law and Philosophy Library (LAPS, volume 114)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (12 chapters)
-
Front Matter
-
Meaning of Legal Certainty
-
Front Matter
-
-
Justification of Legal Certainty
-
Front Matter
-
-
Definition of Legal Certainty
-
Front Matter
-
-
Content of Legal Certainty
-
Front Matter
-
-
Efficacy of Legal Certainty
-
Front Matter
-
Keywords
- Unpredictability of law
- Structural elements of legal certainty
- Examining legal certainty
- Concept of law as an activity
- Legal principles
- Fundamental finalistic norms
- Constitutional and tax law
- Legal theory and philosophy of law
- Structural condition of law
- Validity of legal norms
- Respect for citizens’ acts
- Legal face of human dignity
- Non-legal certainty
- Concept of legal certainty
- Concept of tax law certainty
About this book
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)
Authors and Affiliations
Bibliographic Information
Book Title: Certainty in Law
Authors: Humberto Ávila
Translated by: Jorge Todeschini
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-319-33407-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-33406-6Published: 02 August 2016
Softcover ISBN: 978-3-319-81504-6Published: 30 May 2018
eBook ISBN: 978-3-319-33407-3Published: 20 July 2016
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XVIII, 520
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Financial Law/Fiscal Law