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Auretta Benedetti
Seeking “Certainty” Between Public Powers And Private Systems
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The decline of the “positivist” concept of certainty in civil law countries and the diffusion in supranational legal systems of new models of trust’s guarantee assigned to private certifiers, that are not expression of public powers, triggers the need to carry out a thorough “re-interpretation” of the issue of certainty, particularly in civil law systems. This paper deals particularly with “certainty” created by public subjects or “private experts” in order to guarantee the orderly development of relations amongst private persons, particularly within the scope of economic relations. The need for certainty appears to be darkened by the more pervading “need for trust,” which more effectively expresses the condition of parties that need to make choices in conditions of uncertainty. The traditional binary scheme opposing “public” and “private” spheres is no longer sufficient to investigate the issue of certainty. Only the analysis of interrelation between systems of political legitimation and social/market systems can offer the perspective that makes it possible to appreciate the specific nature of the instruments of certainty.

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