Paradoxes And Inconsistencies In The Law

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Overview

Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the ...
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Overview

Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction, and economics.
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Product Details

  • ISBN-13: 9781841135410
  • Publisher: Hart Publishing (UK)
  • Publication date: 12/13/2005
  • Pages: 336
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.70 (d)

Table of Contents

1 Law in the air : a prologue to the world of legal paradoxes 3
2 Dealing with paradoxes of law : Derrida, Luhmann, Wietholter 41
3 Just-ifications of a law of society 65
4 The reference of paradox : missing paradoxity as real perplexity in both systems theory and deconstruction 77
5 The political origins of the modern legal paradoxes 101
6 The institutionalisation of inconsistency : from fluid concepts to random walk 119
7 Between ritual and theatre : judicial performance as paradox 145
8 The paradoxes of justice : the ultimate difference between a philosophical and a sociological observation of law 167
9 Expectations and legal doctrine 183
10 Equality as a paradoxical ideal or respectful treatment versus equal treatment 205
11 Mediating paradoxically : complementing the paradox of 'relational autonomy' with the 'paradox of rights' in thinking mediation 225
12 Autopoiesis, nihilism and technique : on death and the origins of legal paradoxes 247
13 The paradox of the law : between generality and particularity - prohibiting torture and practising it in Israel 275
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