Legal Security from the Point of View of the Philosophy of Law

Abstract. The author analyses the concept of legal security from its historical evolution to its main structural aspects. In the first part he argues that legal security is a historical and cultural concept of the modern world. He considers a series of factors which lead from the general concept of security generated by an ideological monism and the social rigidity characterizing the Middle Ages to the concept of legal security protected by the legal monism of the modern state, where legal security, understood as formal or procedural justice, has become a principle inspiring the entire legal system. Then he considers legal security in the social state as the expression of the relationship between man and his social needs. In the second part the author makes a structural analysis of the concept of legal security in a modern legal order, identifying the different spheres in which it can be found: state,—focusing on procedural guarantees as limits to power—, law—considering the internal functioning of the legal system—, society—stressing the effects of the action of the social state on the idea of legal security.