Certainty of law and multiplication of normative sources: a reflection on the Italian context

Abstract

Summary: 1. Certainty of law: principle or value? 2. Certainty as a defining problem. 3. Clarity of the norm, certainty of legal relations and systemic functions. 4. Certainty and interpretation. The role of the judge between predictability and integrative justice. 5. Stability and mutation as a problem of legal systems. Principle of certainty and certainty of principles. 6. Integrative uncertainty and “ductile law”: still in the sense of a law by principles? 7. Certainty and trust: coherence as a limit to nomopoiesis (creation of law)? 8. Systemic uncertainty and multiplication of sources: a false perspective.