Paradoxophilia: Imaginary invalid or chronic disease? An analysis of paradoxicality in legal decisions
Title: Paradoxophilia: Imaginary invalid or chronic disease? An analysis of paradoxicality in legal decisions
Author: SAHM, Philipp
Citation: Florence : European University Institute, 2012
Series/Number: EUI LLM theses; Department of Law
Paradox mentionings have become fashionable in scholarly literature, but are essentially incomplete. Consequently, the question arises whether paradoxophilia is law’s disease or a mere obsession of some legal scholars. A comparison between paradoxes and legal decision-making situations reveals that law in fact suffers from paradoxophilia. The problem posed by legal decision-making situations is structurally identical to the problem posed by paradoxes. A diagnosis of paradoxophilia and the insight into the structure of the disease determines the therapy. Legal methodologies are supposed to guide the decision-making process. However, in order to do so, they must offer something that could be called paradoxicality management. This in turn deepens the understanding of methodological doctrines and opens up a perspective under which legal methodologies can be assessed.
LC Subject Heading: Law -- Methodology; Paradox; Law -- Interpretation and construction
Award date: 26 November 2012; Supervisor: Professor Dennis Patterson, European University Institute.
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