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Legal certainty.

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Legal certainty --- Certainty

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-Legal certainty --- 342.060942 --- Qa1.i --- Certainty of law --- Legal certainty --- Administrative procedure --- Rule of law

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The concept of 'real legal certainty' provides a much needed corrective to the general attention for legal certainty in this day and age. It emphasises relations between citizens, adds socio-legal insight, provides a 'view from below, ' and thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of Law and Governance in Developing countries Jan Michiel Otto, and can be considered a central pillar of his work. Against the backdrop of an ever-increasing interest in 'legal certainty' in policy-making and academia, friends and colleagues of Jan Michiel Otto engage with the concept provide a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking into account actors other than the state. In all, the edited volume is important reading for all whom share professor Otto's interest in what it takes to bridge law in the books and law in action.

Legal certainty. --- Certainty of law --- Jurisprudence --- Law --- Interpretation and construction

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Aron Zysow's 1984 PhD dissertation, 'The Economy of Certainty,' remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the fundamental assumptions of Islamic legal thought. Zysow's important work is published here in full, for the first time, with updated references, a Preface by Professor Robert Gleave and further reflections by the author. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently, consensus has only a reduced role in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism.

Islamic law --- Islamic law --- Legal certainty --- Islamic law --- Hadith