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Paradoxes and Inconsistencies in the Law (Paperback)
Loot Price: R2,685
Discovery Miles 26 850
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Paradoxes and Inconsistencies in the Law (Paperback)
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Total price: R2,695
Discovery Miles: 26 950
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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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