Some Realism About Legal Certainty in the Globalization of the Rule of Law

Abstract

The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its importance for legal methods used to implement the rule of law.

Keywords: Rule of Law, Rechtstaat, Legal Certainty, Rechtssicherheit, securite juridique, certezza del diritto, rechtsezekereheid, la seguridad juridica, legal indeterminacy, under determinacy, legal methods, legal reasoning

JEL Classification: K33, K49