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15 - Legal Certainty and Uncertainty

from Part III - The Core Elements of Non-coherence Theory

Published online by Cambridge University Press:  22 February 2024

Mart Susi
Affiliation:
Tallinn University
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Summary

Non-coherence theory says that in order to speak of legal certainty in the digital domain, a domain-specific concept of justice has to be developed. But this would already lead to a far-reaching conclusion that there can exist different ideas of justice, which is a phenomenon of relativity reaching to the deepest bottom of human rights systems. A commonality would therefore need to be found between the concepts of legal certainty and predictability. Such commonality can be found from the functions of legal certainty and predictability, where the outcome of a judicial or quasi-judicial assessment assumes the existence of standards which are constant. Pursuing this commonality leads to the term the thesis of immunity to time. We observe a specific phenomenon of non-coherence, which is a simplification and move towards thinness because predictability can, by and large, be considered legal certainty without qualitative elements, such as the ideas of justice or equality.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Legal Certainty and Uncertainty
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.019
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  • Legal Certainty and Uncertainty
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.019
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Legal Certainty and Uncertainty
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.019
Available formats
×