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PARADOXES AND INCONSISTENCIES IN THE LAW
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 tor-
ture). 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 per-
spectives, invoking insights from philosophy, systems theory, deconstruction
and economics.
Paradoxes and
Inconsistencies in the Law
Edited by
OREN PEREZ and GUNTHER TEUBNER
HART PUBLISHING
OXFORD AND PORTLAND, OREGON
2006
Published in North America (US and Canada)
by Hart Publishing
c/o International Specialized Book Services
5804 NE Hassalo Street
Portland, Oregon
97213-3644
USA
© The editors and contributors jointly and severally 2006
The editors and contributors have asserted their right under the Copyright, Designs and
Patents Act 1988, to be identified as the authors of this work.
Hart Publishing is a specialist legal publisher based in Oxford, England. To order further
copies of this book or to request a list of other publications please write to:
Hart Publishing, Salter’s Boatyard, Folly Bridge, Abingdon Rd,
Oxford, OX1 4LB
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British Library Cataloguing in Publication Data
Data Available
ISBN-13: 978-1-84113-541-0 (hardback)
ISBN-1