Luigi Rovelli

Legal Certainty: From Law to Consolidated interpretation and potential heterogenesis of the aims

  • Abstract

Informations and abstract

Keywords: Legal Certainty; Legal Interpretation; Bindingness of Precedents; Hans Kelsen; Carl Schmitt.

After having pointed out the relevance of certainty of law and the bindingness of ius positum for judges, even in face of legal pluralism and when the relation among legal sources become complex, the paper emphasizes the importance of the application of norms. The author argues that, should warranting uniformity in interpretation come to be understood in terms of strict bindingness of precedents, its function as tool for supporting the respect for the law as the product of people's will, paradoxically, would turn into the detachment of living law from its main source.

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