Paradoxophilia : imaginary invalid or chronic disease? : an analysis of paradoxicality in legal decisions

Abstract

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.