Francesco Belvisi

Legal Uncertainty and the Construction of Facts

  • Abstract

Informations and abstract

Keywords: Facts Construction; Judicial Decision; Judicial Truth; Legal Certainty; Legal Uncertainty.

Legal certainty is one of the «grand recites» of the law. As far as legal certainty is not conceived any more as a fact by lawyers, predictability and controllability are not the proper substitutes for certainty because, logically, the first two are possibilities in the future, whereas the latter is a fact in the present. The ideological character of certainty is particularly clear in the construction of truth during the trial. Under a sociological point of view, Max Weber has shown that the determination of facts is a matter of selection. Selections as well as decisions are subjective by nature: They are contingent and therefore uncertain. Legal certainty is nonetheless a necessary condition of possibility for people's trust in the law.

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