Certainty is an epistemological category implicit in at least two central issues of modern jurisprudence: legal certainty and factual certainty. Any historical study that addresses issues of legal certainty in the early modern era should therefore focus on both laws and facts. Francis Bacon`s emphasis on legal certainty in his legislative reform project has been widely acknowledged in earlier and more recent work. It has even been suggested that certainty is “the quality that connects bacon to a general positivist science capable of producing laws valid for both nature and the state.” However, no study has yet attempted to explain how bacon understands legal certainty. The same goes for its notion of factual certainty. Although studies have suggested that Bacon used criteria from the field of law to establish facts, evaluate testimony, and convey factual reports in natural history methodology, his views on legal facts, and particularly on factual certainty, have never been systematically examined in jurisprudence. My general view is somewhat different from the interpretations that connect Bacon`s legal views on certainty to his ideas on natural philosophy, as I think his concept of certainty in jurisprudence needs to be clarified and clarified before drawing conclusions about its possible commonalities with natural philosophy and natural history. The present study will examine Bacon`s views on certainty in his legal thought and action, in the hope that this may lead to a better understanding of the epistemological aspect of his legal thought and inspire further studies to investigate their possible links to his treatment of certainty as it applies to the laws and facts of nature. Although Bacon has encountered and dealt with problems arising from legal and factual certainty throughout his legal career, he has never defined or described the type of security typical of laws and facts. His elusive notions of certainty must be pursued through the wide range of his legal writings and interventions in legal cases.
As we shall see, legal certainty was a major concern in Bacon`s legislative reform project, while factual certainty did not play such an important role. However, this diminished interest in factual certainty expressed in Bacon`s writings and practices does not mean that he regarded factual certainty as less important than legal certainty: he made clear that the work of “triers of fact” who “attempt to decide questions and points of fact” is “no less important to the sum of justice than truthful and reasonable statements of laws. himself.” 6 On the contrary, Bacon`s failure to place much emphasis on factual certainty reflects his belief that the current fact-finding practices and doctrines of English law do not require substantial reform. Conversely, he considered that English law was in urgent need of legal certainty and focused his efforts on achieving this objective through reforms. After an encouraging start, the state-sponsored plaintext initiative “Progetto Chiaro!” failed a few years ago. Once again, Italians have to deal with the complexity of bureaucracy, an area that still needs radical reform. This book aims to present the development of English legal terminology under the influence of historical events, paying particular attention to the influence of foreign languages that characterize the modern legal lexicon. The corpus analyzed comes from two positions: “International Business Transactions” and “Making Your Record: Courtroom Guidebook for Attorneys and Law Students”, the manuals for the preparation of written and oral legal presentations and therefore the source of the most typical sentences and terminology of legal language. Emphasis is placed on developing the meanings of modern legal words and, in addition, the characteristic features of legal language are analyzed and presented. This article examines how, historically, the language of English common law has been separated from the understanding of ordinary man and woman. The use of archaic language – legal French – for more than half a millennium means that legal matters must have been in the hands of a small, specially trained elite. Legal French is a language originally based on Old Norman, Old French and Anglo-Norman.