What do different concepts like true lie, bad luck, honest thief, old
news, spacetime, glocalization, symplexity, sustainable development,
constant change, soft law, substantive due process, pure law,
bureaucratic efficiency and global justice have in common? What
connections do they share with innumerable paradoxes, like the ones of
happiness, time, globalization, sex, and of free will and fate? Law in
the Time of Oxymora provides answers to these conundrums by critically
comparing the apparent rise in recent years of the use of rhetorical
figures called "essentially oxymoronic concepts" (i.e. oxymoron,
enantiosis and paradoxes) in the areas of art, science and law. Albeit
to varying degrees, these concepts share the quality of giving
expression to apparent contradictions. Through this quality, they also
challenge the scientific paradigm rooted in the dualistic thinking and
binary logic that is traditionally used in the West, as opposed to the
East, where a paradoxical mode of thinking and fuzzy logic is said to
have been cultivated. Following a review of oxymora and paradoxes in
art and various scientific writings, hundreds of "hard cases"
featuring oxymora and a comprehensive review of the legal literature
are discussed, revealing evidence suggesting that the present
scientific paradigm of dualism alone will no longer be able to tackle
the challenges arising from increasing diversity and complexity
coupled with an apparent acceleration of change. Law in the Time of
Oxymora reaches the surprising conclusion that essentially oxymoronic
concepts may inaugurate a new era of cognition, involving the ways the
senses interact and how we reason, think and make decisions in law and
in life.
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A Synaesthesia of Language, Logic and Law
Produktdetaljer
ISBN
9781351170185
Publisert
2018
Utgave
1. utgave
Utgiver
Taylor & Francis
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter