Pewność prawa jako stabilność strukturalna
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Legal certainty as a structural stability
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The goal of the paper is to reinterpret the concept of legal certainty within the conceptual framework that includes the notion of structural stability. In mathematics, a given system is structurally stable if small perturbations of the system do no lead to major changes in its dynamic properties. Against this background, one can define three types of ‘legal certainty’: communicative, qualificative, and dynamic. The author claims that: (a) three senses of certainty‑as‑structural‑stability capture very well some important aspects of the intuitive understanding of legal certainty; and (b) that the proposed conception undermines the positivist view of legal certainty.
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