Paradoxes And Inconsistencies In The Law
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Paradoxes And Inconsistencies In The Law
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Author : Oren Perez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-12-13
Paradoxes And Inconsistencies In The Law written by Oren Perez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-13 with Law categories.
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.
The Law Of Non Contradiction
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Author : Graham Priest
language : en
Publisher: Clarendon Press
Release Date : 2006-11-30
The Law Of Non Contradiction written by Graham Priest and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-30 with Philosophy categories.
The Law of Non-Contradiction-that no contradiction can be true-has been a seemingly unassailable dogma since the work of Aristotle, in Book Gamma of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. One of the editors contributes an introduction which surveys the issues and serves to frame the debate. This collection will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them.
Paradoxes And Inconsistent Mathematics
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Author : Zach Weber
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-21
Paradoxes And Inconsistent Mathematics written by Zach Weber and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Mathematics categories.
Why are there paradoxes? This book uses paraconsistent logic to develop the mathematics to find out.
The State And The Paradox Of Customary Law In Africa
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Author : Olaf Zenker
language : en
Publisher: Routledge
Release Date : 2018-02-02
The State And The Paradox Of Customary Law In Africa written by Olaf Zenker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-02 with Law categories.
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
Paradox And Paraconsistency
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Author : John Woods
language : en
Publisher: Cambridge University Press
Release Date : 2003
Paradox And Paraconsistency written by John Woods and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Mathematics categories.
In a world plagued by disagreement and conflict one might expect that the exact sciences of logic and mathematics would provide a safe harbor. In fact these disciplines are rife with internal divisions between different, often incompatible, systems. Do these disagreements admit of resolution? Can such resolution be achieved without disturbing assumptions that the theorems of logic and mathematics state objective truths about the real world? In this original and historically rich book John Woods explores apparently intractable disagreements in logic and the foundations of mathematics and sets out conflict resolution strategies that evade or disarm these stalemates. An important sub-theme of the book is the extent to which pluralism in logic and the philosophy of mathematics undermines realist assumptions. This book makes an important contribution to such areas of philosophy as logic, philosophy of language and argumentation theory. It will also be of interest to mathematicians and computer scientists.
Law And Legal Culture In Comparative Perspective
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Author : Günther Doeker-Mach
language : en
Publisher: Franz Steiner Verlag
Release Date : 2004
Law And Legal Culture In Comparative Perspective written by Günther Doeker-Mach and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Philosophy categories.
Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
The Paradox Of Consensualism In International Law
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Author : C.L. Lim
language : en
Publisher: BRILL
Release Date : 2024-01-15
The Paradox Of Consensualism In International Law written by C.L. Lim and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
Paradoxes Of European Legal Integration
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Author : Hanne Petersen
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2008
Paradoxes Of European Legal Integration written by Hanne Petersen and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken.
Human Rights Between Law And Politics
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Author : Petr Agha
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
Human Rights Between Law And Politics written by Petr Agha and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
Irresolvable Norm Conflicts In International Law
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Author : Valentin Jeutner
language : en
Publisher: Oxford University Press
Release Date : 2017
Irresolvable Norm Conflicts In International Law written by Valentin Jeutner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.