The paradox of self-amendment

a study of logic, law, omnipotence, and change

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Last edited by ImportBot
June 17, 2023 | History

The paradox of self-amendment

a study of logic, law, omnipotence, and change

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

The first book-length study of self-reference and paradox in law. From the author's preface:

Logical paradoxes in the strict sense produce statements like those of the Liar ("This very statement is false") that are false if true, and true if false. They resist rational solution or at least divide logicians for centuries of apparently irreconcilable wrangling. What happens when similar paradoxes arise in law?

That is a difficult question, but part of the answer is that paradoxes come and go without much notice and are dealt with without much ado. This fact makes the question important as well as difficult. How law copes with strict paradox sheds light on the nature of legal reasoning and rationality, the nature of legal practicality, and the sense in which law can be reasonable, even "wise", while being illogical in the technical sense.

I select one principal paradox —the paradox of self-amendment— and explore its variations in several Anglo-American jurisdictions and contexts, but mostly in American constitutional law. If a constitution has an amendment clause (a provision describing or prescribing how to amend that constitution), then can that clause be used to amend itself? The question may be widened to embrace the self-application of any legal rule that authorizes any legal change. Is self-amendment paradoxical? If so, can it be lawful? If so, can the logic of law be logical?

Publish Date
Language
English
Pages
500

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Previews available in: English

Edition Availability
Cover of: The paradox of self-amendment
The paradox of self-amendment: a study of logic, law, omnipotence, and change
1990, P. Lang, Lang Publishing, Incorporated, Peter
in English

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Book Details


Published in

New York

Edition Notes

Includes bibliographical references (p. [449]-478) and index.

Classifications

Dewey Decimal Class
342/.03, 342.23
Library of Congress
K3168 .S82 1990, K3168.S82 1990

The Physical Object

Pagination
xiii, 500 p. ;
Number of pages
500

ID Numbers

Open Library
OL2194404M
Internet Archive
paradoxselfamend00sube
ISBN 10
0820412120
LCCN
89013403
Library Thing
1755317
Goodreads
1447135

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History

Download catalog record: RDF / JSON / OPDS | Wikipedia citation
June 17, 2023 Edited by ImportBot import existing book
November 9, 2020 Edited by MARC Bot import existing book
August 27, 2020 Edited by ImportBot import existing book
April 4, 2019 Edited by ImportBot import existing book
April 1, 2008 Created by an anonymous user Imported from Scriblio MARC record.