The theory is grounded in psychology and legal advocacy and suggests that expressing certainty enhances the persuasiveness of a message. We apply this theory to the principal–agent framework to examine the treatment of Supreme Court precedent by the Federal Courts of Appeal. We ﬁnd that as the level of certainty in the Supreme Court’s opinion

This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories

2002-10-01 · The theory advanced is that precise rules more consistently regulate simple phenomena than principles. However, as the regulated phenomena become more complex, principles deliver more consistency than rules. A central reason is that the iterative pursuit of precision in single rules increases the imprecision of a complex system of rules. of legal certainty and predictability."16 A legal system that provides legal certainty guides those subject to the law.17 It permits those subject to the law to plan their lives with less uncertainty.18 It protects those subject to the law from arbitrary use of state power.19 The centrality of legal certainty to the thinking of 2013-01-08 · The principles of legal certainty each entail specific demands on the use of legal rules, which may point in divergent directions. Then, the competing principles at hand ought to be balanced.

Legal certainty theory

Is that really enough, as a concept of legal certainty? Legal Positivism. A school of Jurisprudence whose advocates believe that the only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted, adopted, or recognized by a governmental entity or political institution, including administrative, executive, legislative, and judicial bodies. Certainty (also known as epistemic certainty or objective certainty) is the epistemic property that a person has no rational grounds for doubting a particular belief or set of beliefs. One standard way of defining epistemic certainty is that a belief is certain if and only if the person holding that belief could not be mistaken in holding that belief. Comparative survey: Legal Certainty Group - 26 July 2006.

Even though legal certainty is one of the most important values the Dutch legal system is based on, flexibility is important as well. As already mentioned in the introduction, lawmakers sometimes deliberately leave room for interpretation in the laws, and fundamental rights protection can influence the application of a law in an individual case, even if the law is very specific.

Legal certainty. Law. Fair trial.

9 Apr 2018 Legal certainty is a fundamental principle of EU law,3 and elemental in any 22WPJ Wils, 'Optimal Antitrust Fines: Theory and Practice' (2006)

av BØ Larsen · 2017 · Citerat av 2 — of the legal system is used to analyse the causal effects on offending and educational Deterrence theories: 'The benefits and cost of crime' . certainty, severity, and celerity of the sanction, which means the risk of detection,. Titti Mattsson is Professor in Public Law, working as a researcher and teacher in and legal prerequisites and consequences of decisions on foster placements, identity number. There are two legal sexes in Sweden – male and female. Queer: A theory which analyses sex and sexuality. Queer theory goes between which values there is 95 per cent certainty that the population values in the total av N Bocken · 2020 · Citerat av 10 — an empirical study on the theoretical ecologies of business models concept; it was challenging to confirm with certainty when a specific business model started The city does not procure carsharing services, citing laws that do not allow av HWCU its Benefits — anonymization in theory is a good strategy for reaping the benefits of big data, standards can provide legal certainty to actors by guaranteeing that a specific Rules and Principles: A Theory of Legal Certainty JOHN BRAITHWAITE The theory advanced is that precise rules more consistently regulate simple phenomena than principles. However, as the regulated phenomena become more complex, principles deliver more consistency than rules.

Consequently, the regulation cannot perform legal certainty. the legal theory and principle. The data collection guided by hypotheses or presuppositions from relevant legal theory, I operationalise some of interests jurisprudence's views. These are that, underlying. The attempts to define legal certainty have been studied from a comparative of norms, non-retroactivity, protection of legitimate expectations, legal theory a theory of precedents5 refers to the question for the legal method. In Germany, the jurisdiction of the grand chamber of the Supreme Court (BGH) relates to legal Indonesian criminal justice system can be said to be closer to this goal theory.
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The principle of legal certainty, highly acclaimed in the directives of the SSIA, Law – Assessing Theory and Legal Capacity, written by Henrik Jansson, is EU Pesticide law.

Throughout history, rights to land, forests and water has been the false certainty and an unwarranted feeling of consensus regarding particular av K Rambaree · 2020 · Citerat av 7 — Using the Interest Theory of Rights, this article discusses the impact of the The international human rights law (IHRL), stipulates that only the state can It is currently too early to determine with certainty what is the most Ellibs E-bokhandel - E-bok: Aristotle on Emotions in Law and Politics - Författare: Rethinking Legal Education from Aristotle's Theory of Emotions and the The action plans have inherent problems in terms of clarity and legal certainty. The Wiley‐Blackwell Encyclopedia of Social Theory, 1–2. The theory of universal jurisdiction is based on this idea and means that (from Law Firm De Basso) is outspoken in his thoughts on legal certainty, gang crime progression indeed follows the theoretical law [7] for isothermal spreads with a addition; sensitivity and certainty calculation were performed with variation of Goals and purposes of EU competition law: What does the data say?
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av N Bocken · 2020 · Citerat av 10 — an empirical study on the theoretical ecologies of business models concept; it was challenging to confirm with certainty when a specific business model started The city does not procure carsharing services, citing laws that do not allow

However, as the regulated phenomena become more complex, principles deliver more consistency than rules. A central reason is that the iterative pursuit of precision in single rules increases the imprecision of a complex system of rules. By increasing the reliance we can place on a part of the law we reduce the reliability of the law as a whole. Legal certainty involves an internal value of the legal system and there- fore it affects all legal operations (legislation, interpretation, adjudication or enforcement). Abstract In the context of legal modernity, the principle of legal certainty – the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary exercise of public power – has operated as a foundational rule of law value. 1. FORMAL AND SUBSTANTIVE FORMULATION OF LEGAL PRINCIPLES.