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-Legal certainty --- 342.060942 --- Qa1.i --- Certainty of law --- Legal certainty --- Administrative procedure --- Rule of law
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The concept of 'real legal certainty' provides a much needed corrective to the general attention for legal certainty in this day and age. It emphasises relations between citizens, adds socio-legal insight, provides a 'view from below, ' and thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of Law and Governance in Developing countries Jan Michiel Otto, and can be considered a central pillar of his work. Against the backdrop of an ever-increasing interest in 'legal certainty' in policy-making and academia, friends and colleagues of Jan Michiel Otto engage with the concept provide a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking into account actors other than the state. In all, the edited volume is important reading for all whom share professor Otto's interest in what it takes to bridge law in the books and law in action.
Legal certainty. --- Certainty of law --- Jurisprudence --- Law --- Interpretation and construction --- Legal Certainty, State Institutions, Law, Governance.
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This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
War (International law) --- Legal certainty. --- Jurisprudence. --- International lov --- Krigens love --- Retspraksis --- Certainty of law --- Jurisprudence --- Law --- Hostilities --- International law --- Neutrality --- Interpretation and construction --- Philosophy
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Legal theory and methods. Philosophy of law --- Law --- Legal certainty --- Certainty --- Methodology --- Congresses --- Philosophy --- -Law --- -Legal certainty --- -Certainty of law --- Jurisprudence --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Indubitability --- Knowledge, Theory of --- Logic --- Truth --- -Congresses --- Interpretation and construction --- Certainty of law --- Methodology&delete& --- Philosophy&delete& --- Law - Methodology - Congresses --- Legal certainty - Congresses --- Certainty - Congresses --- Law - Philosophy - Congresses
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Legal certainty --- Legislation --- Rule of law --- #A9903A --- Supremacy of law --- Administrative law --- Constitutional law --- Legislative process --- Law --- Certainty of law --- Jurisprudence --- Interpretation and construction --- Theses --- Legal theory and methods. Philosophy of law
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Private law --- Public law. Constitutional law --- Criminal law. Criminal procedure --- Belgium --- Academic collection --- #RBIB:gift.1997.4 --- #A9806A --- Good faith (Law) --- -Legal certainty --- Certainty of law --- Jurisprudence --- Law --- Bona fides (Law) --- Bad faith (Law) --- Ignorance (Law) --- Mistake (Law) --- Interpretation and construction --- Legal certainty
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Private law --- Public law. Constitutional law --- Criminal law. Criminal procedure --- Netherlands --- #RBIB:gift.1997.4 --- Good faith (Law) --- -Legal certainty --- Certainty of law --- Jurisprudence --- Law --- Bona fides (Law) --- Bad faith (Law) --- Ignorance (Law) --- Mistake (Law) --- Interpretation and construction --- Legal certainty --- Sécurité juridique -- Pays-Bas --- Sécurité juridique
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Legal theory and methods. Philosophy of law --- 340.11 --- Equity --- Legal certainty --- Strict law --- Jus strictum --- Good faith (Law) --- Jurisprudence --- Law --- Certainty of law --- Chancery --- Actions and defenses --- Trusts and trustees --- Rechtstheorie. Rechtsvinding--(algemeen) --- Interpretation and construction --- Law and legislation --- Theses --- Equity. --- Legal certainty. --- Strict law. --- 340.11 Rechtstheorie. Rechtsvinding--(algemeen)
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This work offers a systematic study of the principle of legitimate expectations in administrative law. It argues that English law does not protect expectations adequately and presents detailed suggestions for legal reform.
Administrative procedure --- Rule of law --- Legal certainty --- Administrative law --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Certainty of law --- Jurisprudence --- Law --- Supremacy of law --- Constitutional law --- Adjective administrative law --- Adjudication, Administrative --- Administrative adjudication --- Administrative rule making --- Regulatory reform --- Rule making, Administrative --- Procedure (Law) --- Administration --- Law, Administrative --- Public administration --- Public law --- Interpretation and construction --- Law and legislation
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