Certainty in Law

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This book offers an innovative and holistic examination of legal certainty, moving beyond the typical apologetic perspectives found in legal doctrine. Professor Ávila employs both analytical and functional methods to explore the structural elements of legal certainty, addressing its definition, foundations, dimensions, normative forces, and efficacies, supported by numerous case law examples. Legal certainty is increasingly critical as issues of misunderstanding, instability, and unpredictability in law become more pronounced across both civil and common law jurisdictions. The diversity of normative sources—national, international, and community—along with their evolving nature, leads to frequent ambiguities that complicate comprehension. This situation underscores the need for a renewed focus on legal certainty. The book tackles essential questions: What does legal certainty mean? Certainty for whom, and from whose perspective? When and to what extent is it relevant? This work is described as possibly the most comprehensive and systematic study on the subject, utilizing an analytical approach to address these pressing issues.