Static dimension

pp. 207-239

in: Humberto Ávila, Certainty in law, Berlin, Springer, 2016

Abstract

This chapter deals with the static dimension of legal certainty. The static dimension concerns the problem of knowledge of law, of knowing or communicating law, and the qualities law must have to be considered "certain" and thus act as an instrument of orientation for citizens. Accordingly, the discussion covers the ideal of knowability, a state of affairs in which citizens have the material and intellectual capacity to understand the argumentative structures that reconstruct general and individual substantive and procedural norms. Such norms are minimally effective by virtue of their accessibility, breadth, clarity, determinability and executability.