On The Uncertainty Of Law And Eliminating Methods

It has been debated for a long time if there is a certainty existing in lawin which many factors are involved in terms of logic, reality and value. Thecertainty of law means the stability and predictability of law and this isobjective request of lawful governance, but the uncertainty of law alwaysexists in today's real society. Therefore either highly stressing the absolutecertainty of law or emphasizing the absolute uncertainty of law are all partialprofundity.This article covers five parts.This standpoint was brought up by examining the changes in regard of theviewpoint of law certainty among law field based on historical perspective infirst part and the uncertainty of law exists objectively and can be offset inpartial scope or in sense of relatively significance.The second part states the performance aspects of law uncertainty andrestricts the uncertainty of law within scope of documentation and dividesthis law uncertainty into unclearness, inconsistency and incompleteness ofthe lawful documents. The specific manifestation are displayed in form oflaw case.The third part analyses the objective factors of law uncertainties fromdifferent view angles of linguistic, philosophy and logic. At meanwhile italso states that the subjective capability limitation of law makers is onefactor which reduces the law certainty.The fourth part states the solutions to alleviating the law uncertainties byputting forward that logical method is able to restrict the connotation and theextension as well of some law concepts and assure the validity of form oflaw reasoning meanwhile states the restriction of the logic. The objectivenessof value judgment and theoretical problems are also introduced and assessedin this research.The fifth part is summaryThe theoretical significance of research on law uncertainty relies inpointing out that the uncertainties of law can only be offset relativelytowards law itself and the uncertainties caused by logical fault can be offsetcompletely. The realistic significance of the study is to remind law makers ofavoiding logical mistakes and trying to satisfy the logical requirement of law.