Paradoxes and Inconsistencies in the Law

Gunther Teubner is Professor of private law and legal sociology at the University of Frankfurt and Centennial Visiting Professor, London School of Economics. Oren Perez is an Associate Professor at Bar-Ilan University, Faculty of Law, Israel.

• I.Introduction 1.Oren Perez: Law in the Air: A Prologue to the World of Legal Paradoxes II.Generic Paradoxes 2.Gunther Teubner: Dealing with Paradoxes of Law: Derrida,Luhmann, Wiethlter 3.Rudolf Wiethlter: Just-ifications of a Law of Society 4.Jean Clam: The Reference of Paradox: Missing Paradoxity as Real Perplexity in Both Systems Theory and Deconstruction 5.Nir Kedar: The Political Origins of the Modern Legal Paradoxes 6.Oren Perez: The Institutionalization of Inconsistency: from Fluid Concepts to Random Walk 7.Lior Barshack: Between Ritual and Theatre: Judicial Performance as Paradox 8.Fatima Kastner: The Paradoxes of Justice: The Ultimate Difference Between a Philosophical and a Sociological Observation of Law III.Paradoxes in Legal Practice 9.Eric Talley: Incentives, Expectations, and Legal Doctrine 10.Yitzhak Benbaji: Equality as a Paradoxical Ideal, or, Respectful Treatment versus Equal Treatment 11.Michal Alberstein: Mediating Paradoxically: Complementing the Paradox of Relational Autonomy with the Paradox of Rights in Thinking Mediation 12.Shai Lavi: Autopoiesis, Nihilism and Technique: On Death and the Origins of Legal Paradoxes 13.Roei Amit: The Paradox of the Law, Between Generality and Particularity: Prohibiting Torture and Practicing it in Israel