
handle: 1814/56085
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.
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 1 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
