Abstract: The legal system encounters many problems in facing uncertainty. Neither does a particular theory exist of how to recognize and clarify situations of missing knowledge nor has an explicit theory been designed how to decide in such situations between possible alternatives of action. One reason for this obvious difficulty lies in the structure of law itself: It is aimed at providing stability, predictability and durability. Its mechanism is one of declaring a precise decision rule in a static environment. Situations of uncertainty cause these mechanisms to falter as missing knowledge and missing predictability do not allow for precision and determination.
Publication Year: 2001
Publication Date: 2001-01-01
Language: en
Type: article
Indexed In: ['crossref']
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