Legal Uncertainty – A Legitimate Challege for Legal Methodology Cover Image

Incertitudinea juridica – provocarea legitima pentru metodologia juridica
Legal Uncertainty – A Legitimate Challege for Legal Methodology

Author(s): Gabriel Radu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: legal uncertainty; legal methodology; moral dilemmas; judicial dissent; unclear laws

Summary/Abstract: A reasonably interpretation of legal texts represents a main task of the legal methodology. But a coherent methodology requieres joint efforts of a wide range of disciplines and also interdisciplinary approaches for yielding a methodological framework. Different unclear law provisions or stipulations could induce many ambiguous contexts that can generate moral dilemmas and also multiple moral conflicts. In such cases the law interpretation must find a strong moral support in dealing with arbitrary rules. The paper intends to bring to the fore legal methodology as a possible solution in legal uncertainty from unclear laws to judge dissents

  • Issue Year: VII/2012
  • Issue No: Suppl. 4
  • Page Range: 277-285
  • Page Count: 8
  • Language: English