Legal certainty and the pursuit of justice: A legal discussion

Abstract

This paper shall contrast two methods of judging, the first method being one that emphasises justice as the primary reason for the judge deciding in the manner that he/she did- justiceoriented judging- and the second being one that emphasises the promotion of certainty in the law- a legal certainty-oriented approach to judging. Additionally this paper shall tackle the implications of the prioritisation of justice-oriented judging on the legislature and the judiciary on the legal system.