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.

Keywords: Law, legal theory, legal decision making, paradox, sorites, liar, alles für die katz