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Paradoxes and Inconsistencies in the Law

Editat de Oren Perez, Gunther Teubner
en Limba Engleză Paperback – 12 dec 2005
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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Specificații

ISBN-13: 9781841135410
ISBN-10: 1841135410
Pagini: 334
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Gunther Teubner is Professor of private law and legal sociology at the University of Frankfurt and Centennial Visiting Professor, London School of Economics.Oren Perez is an Associate Professor at Bar-Ilan University, Faculty of Law, Israel.

Cuprins

I.Introduction1.Oren Perez: Law in the Air: A Prologue to the World of Legal Paradoxes II.Generic Paradoxes 2.Gunther Teubner: Dealing with Paradoxes of Law: Derrida,Luhmann, Wiethlter3.Rudolf Wiethlter: Just-ifications of a Law of Society4.Jean Clam: The Reference of Paradox: Missing Paradoxity as Real Perplexity in Both Systems Theory and Deconstruction5.Nir Kedar: The Political Origins of the Modern Legal Paradoxes6.Oren Perez: The Institutionalization of Inconsistency: from Fluid Concepts to Random Walk7.Lior Barshack: Between Ritual and Theatre: Judicial Performance as Paradox8.Fatima Kastner: The Paradoxes of Justice: The Ultimate Difference Between a Philosophical and a Sociological Observation of LawIII.Paradoxes in Legal Practice9.Eric Talley: Incentives, Expectations, and Legal Doctrine10.Yitzhak Benbaji: Equality as a Paradoxical Ideal, or, Respectful Treatment versus Equal Treatment11.Michal Alberstein: Mediating Paradoxically: Complementing the Paradox of Relational Autonomy with the Paradox of Rights in Thinking Mediation12.Shai Lavi: Autopoiesis, Nihilism and Technique: On Death and the Origins of Legal Paradoxes13.Roei Amit: The Paradox of the Law, Between Generality and Particularity: Prohibiting Torture and Practicing it in Israel

Descriere

This book seeks to unravel the riddle of legal paradoxes by focussing on the nature of legal paradoxes, and their social ramifications.