By Oren Perez, Gunther Teubner
ISBN-10: 1841135410
ISBN-13: 9781841135410
ISBN-10: 1847311784
ISBN-13: 9781847311788
Is legislations paradoxical? This booklet seeks to solve the riddle of criminal paradoxes. It specializes in major questions: the character of criminal paradoxes, and their social ramifications. In exploring the constitution of felony paradoxes, the e-book focuses either on prevalent paradoxes, reminiscent of these linked to the self-referential personality of criminal validity and the endemic incoherence of criminal discourse, and on paradoxes that permeate extra constrained fields of legislations, resembling agreement legislations, euthanasia, and human rights (the prohibition of torture). The dialogue of the social results of felony paradoxes specializes in the position of paradoxes as drivers of felony switch, and explores the institutional mechanisms that make sure the balance of the legislation, inspite of its paradoxical make-up. The essays within the publication talk about those questions from a variety of views, invoking insights from philosophy, platforms conception, deconstruction, and economics.
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Extra info for Paradoxes And Inconsistencies in the Law
Sample text
68 G Calabresi, The Costs of Accidents: A Legal and Economic Analysis (New Haven, Yale University Press, 1970). ’69 The basic dilemma of tort law is formulated, then, as a problem of optimisation. 70 Responding to this challenge requires the law to develop both adequate liability rules and efficient enforcement mechanisms. One of the most important doctrinal contributions of the economic analysis of tort law is the account it provides for the concept of fault. This account is based, as will be elaborated below, on the idea of optimisation.
Derrida’s writings recognise and are motivated by that recognition—that there is an unbridgeable divide between law and justice: while the law belongs to the element of calculation, justice is incalculable; and since the idea of justice is necessarily connected with the idea of infinity, it is not deducible from established criteria and rules of the legal machine. Derrida has no easy answer to this dilemma. Justice, he argues, does not have a logical foundation, but a ‘mystical’ one. Its logic, therefore, is the transcendence of all discourses and the reinvention of their grounds.
Cut to: Ext. Ditch—day Malkovich lands with a thud in the ditch. Craig is waiting there with his van. On its side is painted ‘See The World in Malk-O-Vision’ followed by a phone number. Malkovich is huddled and shivering and soaking wet. Craig: So how was it? Malkovich: That... was... no... simulation. Craig: I know. I’m sorry... Malkovich: I have been to the dark side. I have seen a world that no man should ever see. Craig: Really? For most people it’s a rather pleasant experience. What exactly did you...