Indici di certezza giuridica

Gometz, Gianmarco

2012-01-01

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Abstract

This paper concerns some indexes on the basis of which we can express an intersubjectively valid judgment on the degree of certainty of law (intended as widespread predictability of legal consequences of actions or facts). In this regard, after discussing some preliminary issues about certainty as a non-classificatory concept that refers to the predictability of a range of legal consequences, we consider two distinct “Dimensions” of certainty: 1) a “horizontal” dimension, which gives an account of the spread of certainty within the considered class of forecasters; 2) a “vertical” dimension, which gives the sign of the predictive ability of individuals included in this class, capacity inferred by the reliability, accuracy and success of their predictions.