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Vol 25 No 2 Feb/March 2020

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The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

Edited by: Mark Fenwick, Mathias M. Siems, Stefan Wrbka

ISBN13: 9781509911257
Published: September 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9781509935123

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The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level.

This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context.

In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies.

The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change, as well as political scientists and social theorists.

Comparative Law
Part I: Theoretical Perspectives (‘Certainty of Law’)
1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness
Patricia Popelier
2. Legal Certainty in the Context of Multilingualism
Elina Paunio
3. Legal Certainty in the New Corporate Criminal Law
Mark Fenwick
4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law
Monika Hinteregger

Part II: Comparative Perspectives
5. Comparative Legal Certainty: Legal Families and Forms of Measurement
Mathias Siems
6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective
Stefan Wrbka
7. Legal Certainty: A Common Law View and a Critique
John Linarelli
8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty
Jonas Knetsch

Part III: Transnational Perspectives
9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles
Mikael Rask Madsen and Henrik Palmer Olsen
10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World
Geraint Howells and Mateja Durovic
11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law
Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka

Part IV: Applied Perspectives (‘Certainty through Law’)
12. Legal Ambiguity in Corporate Governance
Charlotte Villiers
13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty
Yo Terakawa
14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law
Kunihiro Nakata