Judicial Discretionality and Law’s Certainty: the Current Terms of an Originary and Inevitable Conflict

Abstract

It is out of question that even in civil law countries jurisprudence is to be inserted among the (atipical) production sources of a (living) Law, since it always contributes substantially in determining Law. The sytematic problem to be solved in this case becomes such of establishing under which circumstances the so-called justice of the concrete case can be considered as coherent with the finality sought by the legal system and, thus, as able to become the justice of future cases.