Legal Certainty: A European Alternative to American Legal Indeterminacy?
James R. Maxeiner
University of Baltimore - School of Law
March 21, 2007
Tulane Journal of International & Comparative Law, Vol. 15, No. 2, p. 541, 2007
Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.
Number of Pages in PDF File: 68
Keywords: legal certainty, legal indeterminacy, legal methods, law reform, civil procedure, comparative law, legislation, case law, statutory interpretation, federalism
Date posted: June 25, 2008 ; Last revised: May 23, 2015