Open AccessTHE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY
Author(s) -
Alexandre Sales Cabral Arlota
Publication year - 2018
Publication title -
panorama of brazilian law
Language(s) - English
Resource type - Journals
ISSN - 2318-1516
DOI - 10.17768/pbl.y4n5-6.p265-283
Subject(s) - certainty , acknowledgement , dynamism , normative , legal certainty , legal realism , epistemology , meaning (existential) , positivism , legal formalism , scope (computer science) , power (physics) , legal positivism , sociology , law , legal research , political science , philosophy , computer science , black letter law , comparative law , private law , programming language , physics , computer security , quantum mechanics
The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper is to address legal certainty in its multiple dimensions, in the attempt to unveil its essential meanings.