Legal Uncertainty – A Legitimate Challege for Legal Methodology

Gabriel Radu ()
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Gabriel Radu: Ph.D. Candidate, SNSPA

Jurnalul de Studii Juridice, 2012, vol. 1-2, issue 4, 277-285

Abstract: A reasonably interpretation of legal texts represents a main task of the legal methodology. But a coherent methodology requieres joint efforts of a wide range of disciplines and also interdisciplinary approaches for yielding a methodological framework. Different unclear law provisions or stipulations could induce many ambiguous contexts that can generate moral dilemmas and also multiple moral conflicts. In such cases the law interpretation must find a strong moral support in dealing with arbitrary rules. The paper intends to bring to the fore legal methodology as a possible solution in legal uncertainty from unclear laws to judge dissents.

Keywords: legal uncertainty; legal methodology; moral dilemmas; judicial dissent; unclear laws (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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