Legal certainty in a contemporary context : private and criminal law perspectives Mark Fenwich, Stefan Wrbka, editors.
Fenwick, Mark (Law teacher), editor.; Wrbka, Stefan, 1976- editor.
2016
K262
Available Online

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Title Legal certainty in a contemporary context : private and criminal law perspectives Mark Fenwich, Stefan Wrbka, editors.
ISBN 9789811001147 (electronic book)
9811001146 (electronic book)
9789811001123
Published Singapore : Springer Science and Business Media, 2016.
Language English
Description 1 online resource.
Call Number K262
Dewey Decimal Classification 340.1
Summary This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty--the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power--has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Added Author Fenwick, Mark (Law teacher), editor.
Wrbka, Stefan, 1976- editor.
Available in Other Form Legal certainty in a contemporary context : private and criminal law perspectives.
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List of Contributors; The Shifting Meaning of Legal Certainty; 1 The Shifting Meaning of Legal Certainty; 2 Chapters; Part I: Perspectives from Private Law; Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law; 1 Introduction; 2 The Notion of Legal Certainty in General and in Private Law in Particular; 3 Legal Certainty Discussed with the Example of EU Private Law; 4 Legal Certainty Discussed with the Example of Austrian Private Law; 5 Legal Certainty Discussed with the Example of Japanese Private Law; 6 Concluding Remarks; References

Intellectual Property, Private Ordering and Legal Certainty1 Introduction; 2 Several Views on the Concept of Legal Certainty; 3 Private Ordering and Legal Certainty; 3.1 Lobbying and Forum Shopping; 3.2 Setting the Rules by Technological Measures; 3.3 Proprietarization of Technical Standards; 4 Conclusion; References; Considerations on the Transnationality of International Commercial Arbitration Awards in the Context of the Demand for Legal C...; 1 Introduction; 2 The Delocalisation Debate; 3 Enforcement of an Annulled Award; 4 Conclusion; References

The Notion of Consumer Under EU Legislation and EU Case Law: Between the Poles of Legal Certainty and Flexibility1 Introduction; 2 Legal Certainty vs. Legal Flexibility; 2.1 Legal Certainty and Legal Flexibility in General; 2.2 Legal Certainty and Legal Flexibility in Consumer Law; 3 The Consumer Notion Under EU Legislation and EU Case Law; 3.1 General Remarks on the Consumer Notion; 3.2 The (External Side of the) Consumer Notion Under EU Legislation and EU Case Law; 3.3 Setting Up a Business; 3.4 The Consumer Notion and Mixed Purpose Contracts; 3.5 The Consumer Notion and Representation

3.6 Auxiliary Contracts4 Conclusion: The Consumer Notion from the Perspectives of Legal Certainty and Legal Flexibility; References; Legal Certainty and Trusts in China; 1 Introduction; 2 Legal Uncertainty Caused by Article 2 of Chinese Trust Law; 3 Chinese Debates Regarding the Location of Ownership of Trust Property; 3.1 An Opinion Contending Settlor as the Owner of Trust Property; 3.2 An Opinion Contending Trustee as the Owner of Trust Property; 3.3 An Opinion Contending Beneficiary as the Owner of Trust Property; 3.4 Other Minor Opinions

3.4.1 An Opinion Contending That Either the Settlor or Trustee Is the Owner of Trust Property3.4.2 An Opinion Contending That Ownership Is with Either the Settlor or the Beneficiary; 3.4.3 An Opinion That Contends the Settler, Trustee and Beneficiary Hold Partial Powers on Trust Property Respectively; 4 Legal Uncertainty and Chinese Trust Business: A Social Capital Perspective; 4.1 Dense Network Facilitating the Growth of Business; 4.1.1 Single Trusts Constitute a Large Percentage of Trust Business; 4.1.2 Trust Companies Rely on Commercial Banks for Client Referrals

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