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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.
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.
The State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan WrbkaPart I: Theoretical Perspectives (‘Certainty of Law’)1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier2. Legal Certainty in the Context of Multilingualism Elina Paunio3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika HintereggerPart II: Comparative Perspectives5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka7. Legal Certainty: A Common Law View and a Critique John Linarelli8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas KnetschPart III: Transnational Perspectives9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan WrbkaPart IV: Applied Perspectives (‘Certainty through Law’)12. Legal Ambiguity in Corporate Governance Charlotte Villiers13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata
Stefan Wrbka, Steven Van Uytsel, Mathias Siems, Japan) Wrbka, Stefan (Professor, Kyushu University, Japan) Van Uytsel, Steven (Professor, Kyushu University, University of Durham) Siems, Mathias (Professor of Commercial Law, Steven van Uytsel
Marcelo Corrales Compagnucci, Mark Fenwick, Stefan Wrbka, Denmark) Corrales Compagnucci, Dr Marcelo (University of Copenhagen, Japan) Fenwick, Professor Mark (Kyushu University, Austria) Wrbka, Stefan (University of Applied Sciences for Management and Communication, Marcelo Corrales Compagnucci
Stefan Wrbka, Steven Van Uytsel, Mathias Siems, Japan) Wrbka, Stefan (Professor, Kyushu University, Japan) Van Uytsel, Steven (Professor, Kyushu University, University of Durham) Siems, Mathias (Professor of Commercial Law, Steven van Uytsel
Mark Fenwick, Stefan Wrbka, Japan) Fenwick, Professor Mark (Kyushu University, Austria) Wrbka, Stefan (University of Applied Sciences for Management and Communication
Marcelo Corrales Compagnucci, Mark Fenwick, Stefan Wrbka, Denmark) Corrales Compagnucci, Dr Marcelo (University of Copenhagen, Japan) Fenwick, Professor Mark (Kyushu University, Austria) Wrbka, Stefan (University of Applied Sciences for Management and Communication, Marcelo Corrales Compagnucci