Dealing (with) Paradoxes: On law, justice and cheating (original) (raw)
Related papers
Fictions of Law- Criminality and Justice in the Juridical and Literary Imaginaries .pdf
Journal of Latin American Cultural Studies, 2019
This article looks at the ways nineteenth-century Argentine literature articulates the relationship between the country’s inhabitants and the State and the law. It raises questions about how—in the context of the formation of the judicial and legal system and against the background of Rosas’s controversial regime and of laws that criminalised the gaucho—Argentine literature, itself in formation, represented and intervened in what Lawrence Friedman has called ‘legal culture’: the ensemble of a society’s opinions, expectations and attitudes regarding the law. Through a study of judicial scenes in El matadero by Esteban Echeverr ıa (published in 1871) and Mart ın Fierro by Jos e Hern andez (1872, 1879) in which State notions of criminality and of justice are disputed, I argue that these texts fix a position of literature on the law and State justice that displaces the symbolic place of criminality in society, and establish a site of enunciation specific to Argentine literature that continues to operate into the present.
Prolegomena, 2024
This paper examines the structure of moral paradoxes, arguing that moral dilemmas are grounded in moral agents and necessitate the same explanation as the logical behavior of these agents. Consequently, logical and moral laws derive from a different source than nomological and metaphysical laws. Furthermore, it is asserted that logical and moral laws are pluralistic in nature, permitting numerous logical deviations without leading to absurdity.
2016
This paper seeks to analyze the nature of legal communication. It does so by examining the nature of paradox and its centrality to legal discourse. Is the paradox something that legal theory must escape? In this paper, we will argue that paradox is a central and defining feature of legal conceptuality; it simply pushes the boundaries of traditional rationality and makes a deeper a more probing analysis possible. Contemporary legal theory, from Legal Realism to Critical Legal Studies, is slowly coming to recognize the importance of this notion. This paper seeks to trace the route of legal paradox, as a figure of text and experience, through the writings of key figures such as Vico, Derrida, and Luhmann. By doing so, it will be shown how paradox forms a lynchpin for all legal communication and structures what we understand as law both in theory and practice.
Borges and Cervantes: Truth and Falsehood in the Narration
2009
Jorge Luis Borges’ relation with Cervantes has not been studied enough. In this article, we will see how Borges knew and admired Cervantes, and how Don Quixote was a powerful influence in Borges’ short stories. Borges uses some of Cervantes’ narrative devices (different narrators, the questioning of the narration, the lack of memory…) to undermine the truth of the narration. He does so, like Cervantes, as part of a literary game, but also because it suits his own notions of reality—the questioning of the narrative truth represents the impossibility of understanding reality as a whole, whereas the emphasis on the story as a fiction embodies the idea of reality as a dream.
"The Story of a Defeat": Equivalence and Imagination in Borges "Averroës Search"
I reflected… a more poetic case than [this] would be a man who sets himself a goal that is not forbidden to other men, but is forbidden to him. I recalled Averroës, who, bounded within the circle of Islam, could never know the meaning of the words tragedy and comedy. I told his story." 1 Islam and the Arabic language have always posed problems for translation. Recognized early on by its preachers as the language of God, it has resisted outside influences in the name of protecting its purity from contamination. When the Qur'an was translated into Medieval Persian, it was deemed as a mistranslation, classified as a heretical text which sought to intentionally usurp the words of Allah and Mohammad. The history of the Arabs is rooted in language; the answers to how one should speak, debate, or write were derived from the authority of the Qur'an.
The Liar sentence is a singularly important piece of philosophical evidence. It is an instrument for investigating the metaphysics of expressing truths and falsehoods. And an instrument too for investigating the varieties of conflict that can give rise to paradox. It shall serve as perhaps the most important clue to the shape of human judgment, as well as to the nature of the dependence of judgment upon language use.
PARADOXES AND THEIR RESOLUTIONS (entire book)
PARADOXES AND THEIR RESOLUTIONS, 2017
PARADOXES AND THEIR RESOLUTIONS: This 'thematic compilation' comprises expositions and resolutions of many (though not all) ancient and modern paradoxes, including: the Protagoras-Euathlus paradox, the Liar paradox and the Sorites paradox, Russell’s paradox and its derivatives the Barber paradox and the Master Catalogue paradox, Grelling’s paradox, Hempel's paradox of confirmation, and Goodman’s paradox of prediction. This volume also presents and comments on some of the antinomic discourse found in some Buddhist texts (namely, in Nagarjuna and in the Diamond Sutra).