The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

by Mark Fenwick, Mathias Siems, Stefan Wrbka

Overview

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 to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Product Details

ISBN-13:	9781509935123
Publisher:	Bloomsbury Academic
Publication date:	01/23/2020
Pages:	328
Product dimensions:	6.14(w) x 9.21(h) x 0.68(d)

About the Author

Mark Fenwick is Professor at the Graduate School of Law, Kyushu University, Japan.
Mathias Siems is Professor of Commercial Law at Durham Law School, Durham University, UK.
Stefan Wrbka is Associate Professor at the Graduate School of Law, Kyushu University, Japan.

Table of Contents

Preface v

List of Contributors ix

The State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick Mathias Siems Stefan Wrbka 1

Part I Theoretical Perspectives ('Certainty of Law')

1 Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 29

2 Legal Certainty in the Context of Multilingualism Elina Paunio 55

3 Legal Certainty in the New Corporate Criminal Law Mark Fenwick 71

4 Economic Analysis of Law and Wilburg's Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger 95

Part II Comparative Perspectives

5 Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 115

6 The Faces and Implications of Legal Certainty in Contemporary Private Law-A Comparative Law Perspective Stefan Wrbka 135

7 Legal Certainty: A Common Law View and a Critique John Linarelli 159

8 Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch 177

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 Henrik Palmer Olsen 189

10 Towards Appropriate Legal Certainty for Consumers Seeking justice in a Globalised World Geraint Howells Mateja Durovic 207

11 Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost Gabriel M Lentner Thomas Ratka Stefan Wrbka 223

Part IV Applied Perspectives ('Certainty through Law')

12 Legal Ambiguity in Corporate Governance Charlotte Villiers 239

13 The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 265

14 Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata 281

Index 299