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Legal certainty

(1,198 words)

Author(s): Eisfeld, Jens
1. Definition Legal certainty (French  sécurité juridique; German  Rechtssicherheit) is understood today to be the constitutional principle of the dependability of a legal order; it thus is a fundamental part of the overarching concept of the rule of law. Today this principle is observed in many European states [13. 543–636][5. 543–636]. Legal certainty has been and continues to be used today generally as an argument in legislation and as a reference point both in the application of law and in jurisprudence. A broad prohibition of retroactive …
Date: 2019-10-14

Ius commune

(2,036 words)

Author(s): Eisfeld, Jens
1. Definition Ius commune, which in Latin means “common law,” means general law in the broadest sense. In a narrower sense, in continental Europe, it was and remains primarily Roman law, that is, the law set forth in the  Corpus iuris civilis (the legal compilation commissioned by Emperor Justinian in the 6th century). Ius commune additionally included legal sources that were generally viewed as binding (in the Holy Roman Empire, imperial statutes in particular) in contrast to law applicable only with respect to certain persons (Privilege) or plac…
Date: 2019-10-14

Criminal law

(8,127 words)

Author(s): Kesper-Biermann, Sylvia | Ludwig, Ulrike | Eisfeld, Jens
1. Definition and legal scope As a field of law, criminal law is a system of rules in a social system (a community, society, or state) set out in the form of legal norms that can be enforced by means of a (formalized) trial. The threat and use of coercion plays a key part. Criminal law is thus closely tied to power and authority. Criminal law confronts individuals particularly vividly with the power of the law and government. It constitutes a section of the general system of behavioral rules (devianc…
Date: 2019-10-14