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Certainty in LawConcept of Legal Certainty

Certainty in Law: Concept of Legal Certainty [This chapter sets out to establish a concept of legal certainty, defining legal certainty as a guarantee of observance founded on the paradigm of semantic-argumentative controllability. Such control, it is argued, depends on elements, dimensions and aspects to be jointly assessed. Accordingly, legal certainty entails processes of determination, legitimation, argumentation and justification that assure the semantic-argumentative controllability of state action, on one hand, and the respectability of the individual’s law-based actions on the other, as well as reflexively grounding the argumentation referring to such actions.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Certainty in LawConcept of Legal Certainty

Part of the Law and Philosophy Library Book Series (volume 114)
Ávila, Humberto
Certainty in Law — Jul 21, 2016
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23 pages

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing Switzerland 2016. we have rights to English only
ISBN
978-3-319-33406-6
Pages
171 –194
DOI
10.1007/978-3-319-33407-3_6
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter sets out to establish a concept of legal certainty, defining legal certainty as a guarantee of observance founded on the paradigm of semantic-argumentative controllability. Such control, it is argued, depends on elements, dimensions and aspects to be jointly assessed. Accordingly, legal certainty entails processes of determination, legitimation, argumentation and justification that assure the semantic-argumentative controllability of state action, on one hand, and the respectability of the individual’s law-based actions on the other, as well as reflexively grounding the argumentation referring to such actions.]

Published: Jul 21, 2016

Keywords: Legal Order; Legal Norm; Legal Certainty; Taxable Event; Normative Meaning

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