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Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
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The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its …