The power of the lawyer is in the uncertainty of the law - DIY Defense. The power of the lawyer is in the uncertainty of the law Read More.
Aug 09, 2018ย ยท The power of the lawyer is in the uncertainty of the law. โ Jeremy Bentham. The power of the lawyer is in the uncertainty of the law. โ Jeremy Bentham
Power Lawyer Law Uncertainty Related Authors Alan Watts , Thomas Hobbes , John Stuart Mill , Francis Bacon , John Locke , Herbert Spencer , Bernard Williams , Roger Scruton
The law is subject to uncer- tainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the creation of precedents that reduce uncertainty. We pos-
When the US confronted the most intensely disputed presidential election in our history, the post-Civil War 1876 election, the country and Congress discovered we had no rules or institutional structure in place for addressing the form of conflict which that election raised.
In the wake of this barely averted disaster, Congress realized the country needed something better than an ad hoc arrangement. Resolving a disputed election for chief executive is one of the potentially most explosive situations any democracy can face; democracies have come apart in these situations.
It provides a fail-safe mechanism for only one situation, which has not happened since 1824: If no candidate gets the necessary majority of votes in the Electoral College, then the House picks the president from the top three Electoral College candidates.
In legal terms, the federal courts will not issue advisory opinions. That means federal courts will refuse to answer any question in the abstract about the legal meaning of a statute, including whether the statute is even constitutional, no matter how important it might be to have clear guidance on what those laws mean.
The legal system needs to permit those subject to the law to regulate their conduct with certainty and to protect those subject to the law from arbitrary use of state power. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. The degree to which the concept of legal certainty is incorporated into law varies depending on national jurisprudence. However, legal certainty frequently serves as the central principle for the development of legal methods by which law is made, interpreted and applied.
At the G8 Foreign Ministers' Meeting in Potsdam in 2007, the G8 committed to the rule of law as a core principle entailing adherence to the principle of legal certainty.
The legal philosopher Gustav Radbruch regarded legal certainty, justice and purposiveness as the three fundamental pillars of law. Today legal certainty is internationally recognised as a central requirement for the rule of law. According to the Organisation for Economic Co-operation and Development (OECD) the concept of the rule of law "first and foremost seeks to emphasize the necessity of establishing a rule-based society in the interest of legal certainty and predictability." At the G8 Foreign Ministers' Meeting in Potsdam in 2007, the G8 committed to the rule of law as a core principle entailing adherence to the principle of legal certainty.
As a general principle in European Union law, it means that the law must be certain, in that it is clear and precise, and its legal implications foreseeable, especially when applied to financial obligations. The adoption of laws which will have legal effect in the European Union must have a proper legal basis.
According to the misuse of power test a decision by a European Union institution is only a misuse of power if "it appears, on the basis of objective, relevant and consistent evidence, to have been adopted with the exclusive or main purpose of achieving any end other than those stated.".