Staats- und Universitätsbibliothek Hamburg Carl von Ossietzky
Erscheinungsjahr:
2024
Medientyp:
Text
Schlagworte:
uncertainty
psychology of law
family law
legal certainty
matrimonial property law
harmonisation of family law in Europe
340: Recht
ddc:340:
Beschreibung:
Uncertainty about the past, present, and future, is a psychological fact of life since the beginning of times, springing from different sources. The self and the communities have developed and adopted numerous ways and structures to address its multifaceted discomforts in space and time, sharing many commonalities. Due to hustling globalization and European integration processes, we are facing relatively new forms of uncertainty, which need to be addressed. This thesis endeavors to revisit the role and meaning of law in the 21st century, by holding firmly to the stand that: despite its urge to keep pace with the societal progress and development, law should maintain its functional role and protect the essence – the human need for certainty - and argues that the principle of legal certainty, the only principle to guarantee a state of optimal certainty, shall be enhanced to a constitutional level. The thesis is conceived as a contribution to the ongoing debate on the harmonization of laws in Europe, especially harmonization of family law.