Two Types of Legal Uncertainty

O Yalnazov, "Two Types of Legal Uncertainty" (2018) 10 European Journal of Legal Studies 12

20 Pages Posted: 17 Sep 2017 Last revised: 20 May 2018

See all articles by Orlin Yalnazov

Orlin Yalnazov

Erasmus University Rotterdam (EUR), Erasmus School of Law, Rotterdam Institute of Law and Economics; University of Hamburg - Institute of Law and Economics; University of Bologna - School of Economics, Management, and Statistics

Date Written: September 13, 2017

Abstract

When law-and-economics scholars discuss legal uncertainty, they problematise the use of vague language in the drafting of laws. Here, I would like to contrast that meaning of the term with another. When we say that the law is uncertain, we might mean that two (or more) laws overlap, so that we do not know which is applicable to the facts of a particular case. I call the traditional problem one of applicative uncertainty and the “new” one hierarchic uncertainty. I try to show that the two always coexist, and further that there is a trade-off between them: as the law becomes more applicatively certain, it becomes more hierarchically uncertain.

Keywords: legal uncertainty, law, rules-versus-standards

Suggested Citation

Yalnazov, Orlin Z, Two Types of Legal Uncertainty (September 13, 2017). O Yalnazov, "Two Types of Legal Uncertainty" (2018) 10 European Journal of Legal Studies 12 , Available at SSRN: https://ssrn.com/abstract=3036461 or http://dx.doi.org/10.2139/ssrn.3036461

Orlin Z Yalnazov (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law, Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO Box 1738
Rotterdam
Netherlands

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

University of Bologna - School of Economics, Management, and Statistics ( email )

Piazza Scaravilli 1
40126 Bologna, fc 47100
Italy

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
132
Abstract Views
864
Rank
402,129
PlumX Metrics