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Legal Uncertainty – A Legitimate Challege for Legal Methodology

Author

Listed:
  • Gabriel RADU

    (Ph.D. Candidate, SNSPA)

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.

Suggested Citation

  • Gabriel RADU, 2012. "Legal Uncertainty – A Legitimate Challege for Legal Methodology," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(4), pages 277-285, July.
  • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:4:p:277-285
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    More about this item

    Keywords

    legal uncertainty; legal methodology; moral dilemmas; judicial dissent; unclear laws;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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