The Scandal of ‘Openness’

The term “openness” is one of those flexible notions which, like those of “public order,” “good faith,” or “proportionality,” evade the exercise of definition.

We know the important function of “standards” in legal technique. Legislators and judges deliberately use these words taken from ordinary language, the meaning of which varies according to the context and dominant ideas. They serve to establish rules of law and to identify jurisprudential solutions that escape the requirements of logical ...