Study On Certainty Of Law

Legal of certainty is the premise of the rule of law, it is very important to establish social order ,restrict power, and establish the authority of the law.Western legal research has been paid great attention to legal of certainty.The importance of legal of certainty is closely related to Legal formalism that prosperity in the 18th and 19th centuries.Based on the Legal Texts of certainty and the case fact of certainty and the formal inference of certainty,the formalist claim that the case in the legal have the only answer, the judge is the mouthpiece of the law ,they have not any discretion power.With the development of social economy, the Legal formalism being attacked by sociological jurisprudence ,realistic jurisprudence ,criticism jurisprudence.In order to maintain the basic idea of freedom law dworkin, Hart, Habermas,Larenz claim to define the basic connotation of legal of certainty.This article based on the discussed of legal of certainty by the classical theorists , try to reconstruct the basic connotation of legal certainty.Legal of certainty is the relevant parties believe that they can through a fair program,specific legal methods for specific standard applicable condition, get a result that have sufficient reasons .