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Books on the topic 'Legal paradox'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Trubek, David M. Critical empiricism in American legal studies: Paradox, program or Pandora's Box? Institute for Legal Studies, 1988.

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2

Gavigan, Shelley A. M. Paradise lost, paradox revisited: The implications of familial ideology for feminish, lesbian and gay engagement to law. Faculty of Law, University of Toronto, 1992.

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3

Barshchevskiĭ, M. I︠U︡. Zashchita protiv, ili, Komandovatʹ paradom budu i︠a︡! Izd-vo AST, 2007.

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4

Manley, Catherine. Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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Manley, Catherine. Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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Manley, Catherine. Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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Manley, Catherine. Trademark Paradox: Trademarks and Their Conflicting Legal and Commercial Boundaries. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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8

Shipping Conferences under EC Antitrust Law: Criticism of a Legal Paradox. Bloomsbury Publishing Plc, 2007.

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9

(Translator), Andrew Read, ed. Shipping Conferences Under EC Antitrust Law: Criticism of a Legal Paradox. Hart Publishing, 2007.

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10

Trubeck, David M., and John Esser. Critical Empiricism in American Legal Studies: Paradox, Program or Pandora's Box. Univ of Wisconsin Law School, 1988.

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11

Ortizblanco, Luis. Shipping Conferences under EC Antitrust Law: 'Criticism of a Legal Paradox. Bloomsbury Publishing Plc, 2007.

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12

Koivisto, Ida. The Transparency Paradox. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192855466.001.0001.

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Abstract The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premi

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13

Bens, Jonas. Indigenous Paradox: Rights, Sovereignty, and Culture in the Americas. University of Pennsylvania Press, 2020.

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14

Bens, Jonas. Indigenous Paradox: Rights, Sovereignty, and Culture in the Americas. University of Pennsylvania Press, 2020.

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15

Bueno-Hansen, Pascha. Paradox and Temporality. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039423.003.0007.

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This book has addressed the paradox of rights: the tension between the need for human rights law to document and prosecute violations and the inability of the human rights framework to address the full scope of harm. Since the roots of transitional justice grow out of international human rights law, this same paradox is manifested in transitional justice mechanisms, such as the Peruvian Truth and Reconciliation Committee (PTRC). The story of Rosa Cuchillo and her endless search for her daughter, who disappeared during the armed conflict, highlights the endurance of love, the importance of lega

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16

Martin, Philip. The Prosperity Paradox. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867845.001.0001.

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Why do farm workers become more vulnerable as countries get richer? As countries get richer, the share of workers employed in agriculture falls. In richer countries, hired farm workers do ever more of the work on the fewer and larger farms that produce most farm commodities. These hired workers include local workers who lack the skills and contacts needed to get nonfarm jobs that usually offer higher wages and more opportunities as well as legal and unauthorized migrants from poorer countries who may not know or exercise their labor-related rights. Government enforcement of labor laws depends

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17

Jenne, Erin K. Ethnic Bargaining: The Paradox of Minority Empowerment. Cornell University Press, 2014.

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18

Jenne, Erin K. Ethnic Bargaining: The Paradox of Minority Empowerment. Cornell University Press, 2015.

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19

Cummings, Scott L. Paradox of Professionalism: Lawyers and the Possibility of Justice. Cambridge University Press, 2011.

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20

Cummings, Scott L. Paradox of Professionalism: Lawyers and the Possibility of Justice. Cambridge University Press, 2011.

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21

Cummings, Scott L. Paradox of Professionalism: Lawyers and the Possibility of Justice. Cambridge University Press, 2011.

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22

Cummings, Scott L. Paradox of Professionalism: Lawyers and the Possibility of Justice. Cambridge University Press, 2012.

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23

Kleinlein, Thomas. International Legal Thought. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0036.

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This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of inter

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24

Ethnic Bargaining: The Paradox of Minority Empowerment. Cornell University Press, 2006.

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25

Neves, Marcelo. Constitutionalism and the Paradox of Principles and Rules. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898746.001.0001.

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The present book offers a critical counterpoint to Ronald Dworkin’s principle-based theory, and in particular to Robert Alexy’s idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least ‘satisficing’ balancing, considering the precariousness of legal rationality. The book also reverses Dworkin’s metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice,

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26

Feeley, Malcolm, and Malcolm Langford, eds. The Limits of the Legal Complex. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192848413.001.0001.

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This book explores the role of Nordic lawyers in the struggle for political liberalism. Previous studies have found that lawyers, in a guardian role, organize through their professional organizations to fight for political liberalism, which include basic civil rights and a moderate state. This volume expands and challenges this research agenda. It focuses on the paradox presented by the Nordic region, which scores high on indices of political liberalism and freedom but lacks a long tradition of a large and robust bar or politically salient judiciary. Crossing two centuries and five Nordic coun

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27

Deruelle, Thibaud. The Paradox of Communicable Diseases Governance in the EU. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198951339.001.0001.

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Abstract The European Centre for Disease Prevention and Control (ECDC) is an EU agency responsible for detecting and assessing communicable diseases. However, due to member states’ reluctance to relinquish control over public health, the Centre’s powers have historically been limited, including a ban on offering advice about how to manage public health risks. During the Covid-19 pandemic, the ECDC’s mandate was expanded, formally ending the paradox of assessing threats without being allowed to provide guidance on how to address them. Yet, even prior to this change, the Centre had occasionally

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28

Antony, Anghie. Part I Histories, Ch.8 Imperialism and International Legal Theory. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0009.

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This chapter examines the issue of how imperialism has impinged on theorizing about international law in different historical periods, as imperialism is a distinctive experience that has generated new questions and concepts that have been and need to be further explored in order to acquire a better grasp of the operation of international law and its effects on the world. The argument here is that we are faced by a fundamental paradox: although imperialism has been crucial to the development of international law, it has not really been a central concern of the theory of international law for mu

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29

Gender, Islam, nationalism and the state in Aceh: The paradox of power, co-optation and resistance. RoutledgeCurzon, 2002.

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30

Heller, Hermann. Sovereignty. Edited by David Dyzenhaus. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198810544.001.0001.

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This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a differen

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31

Jeutner, Valentin. The Definition of a Legal Dilemma. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808374.003.0002.

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The first part answers the book’s first question: ‘What is a Legal Dilemma?’ It frames the book’s analysis by offering a stipulative definition of the term legal dilemma and its constitutive components as a term of art. Once defined, the term will then be distinguished from numerous related concepts (Section A), such as legal gaps, disagreements, or paradoxes. The first part also considers various circumstances, including international law’s non-hierarchical nature and fragmentation, which increase the potential frequency with which dilemmas may arise (Section B). Finally, this part introduces

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32

Leal, Juliano. J. Leal - the PARADOX of FREE WILL: The Matrices of an Imperfect World. Independently Published, 2017.

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33

Dubber, Markus D. The Dual Penal State. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198744290.001.0001.

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Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utte

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34

Florian, Hoffmann. Part IV Debates, Ch.46 International Legalism and International Politics. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0047.

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This chapter attempts to measure the gap between law and politics, in a recapitulation of where the liberal project of international law stands, as framed within the tensions evident in the international lawyers’ professional preference for legal objectivism and political agnosticism and, on the other hand, their equally professional unwillingness to openly admit to this preference. Legalism represents that gap, yet it is curiously everywhere and nowhere in international law, a paradox produced by the still empty space between the law and the political. But if one follows a historical-critical

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35

Martin, Jeffrey T. Sentiment, Reason, and Law. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501740046.001.0001.

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What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? This book describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. This book describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. It shows an apparent paradox of how a strong democratic order was built on a foundati

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36

Leal, Juliano. J. Leal - o PARADOXO DO LIVRE ARBÍTRIO: As Matrizes de Um Mundo Imperfeito. Independently Published, 2017.

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37

Link, Kurt. The Vaccine Controversy. Greenwood Publishing Group, Inc., 2005. http://dx.doi.org/10.5040/9798216031611.

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While millions of Americans receive vaccinations each year, a vocal segment of the population is opposed to all immunizations—some even refusing to get mandated vaccinations for their children. In The Vaccine Controversy, Dr. Kurt Link—a specialist in internal medicine—explores that paradox and provides a history of vaccine development, including such possible future vaccines as those being developed in the hope of immunizing against HIV. A strong supporter of vaccination programs, Link explains the immune system and how it works, as well as outlining the various types of vaccines (including t

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38

Pattenden, Miles. The Vacant See. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198797449.003.0004.

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This chapter considers the problem that no pope could countenance a named successor in his lifetime so the cardinals had to negotiate a brief period without a pope every time a pope died. The College developed legal foundations for exercising authority independent of the pontiff, and for expressing and enforcing that authority. Until the fifteenth century this may not have mattered that much in practical terms, because the overall impact of papal government remained light. However, as the papal administration grew throughout the Papal States the need to preserve stability rose commensurately.

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39

Schnittker, Jason, Michael Massoglia, and Christopher Uggen. Prisons and Health in the Age of Mass Incarceration. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190603823.001.0001.

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Abstract Mass incarceration is consequential for health, and the filaments that form the connection between prisons and health branch outward. Incarceration undermines the health and well-being of people released from prison. It undermines the health of families, communities, and health care systems. But at the heart of the relationship between prisons and health is a paradox. Prisons are charged, at once, with being punitive and therapeutic, with denying freedom and administering treatment, with confining and rehabilitating. The relationship between incarceration and health is sustained by a

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40

Dubber, Markus D. The Model Penal Code and the War on Crime. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198744290.003.0008.

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Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing exis

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41

Rubio-Marín, Ruth, and Will Kymlicka, eds. Gender Parity and Multicultural Feminism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829621.001.0001.

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Around the world, we see a ‘participatory turn’ in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women’s role as decision-makers. We also see a ‘pluralism turn’, with increasing legal recognition given to the customary law or religious law of minority groups and indigenous groups. To date, the former trend has primarily benefitted majority women, and the latter has primarily benefitted minority men. Neither has effectively ensured the participation of minority women. In response, multicultural feminists have proposed institutio

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42

Hollifield, James F. The Politics of Controlling Immigration. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.343.

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Migration is linked to various dimensions of politics: the procedural or distributional dimension (who gets what, when, and how), the legal or statist dimension (which involves issues of sovereignty and legitimacy), and the ethical or normative dimension (which deals with questions of citizenship, civil society, justice, and participation). The key concept surrounding migration and politics is one of interest. According to Gary Freeman, the demand for immigration policy is heavily dependent on the play of organized interests. An alternative to Freeman’s explanation is the historical-institutio

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43

Sawyer, Suzana. The Small Matter of Suing Chevron. Duke University Press, 2022. http://dx.doi.org/10.1215/9781478022572.

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In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, a

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44

Kellerhals, Andreas, ed. Europa in turbulenten Zeiten. buch & netz, 2022. http://dx.doi.org/10.36862/eiz-486.

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Die vorliegenden Vorträge wurden im Rahmen der öffentlichen Vortragsreihen des Europa Instituts der Universität Zürich gehalten. Aufgegriffen wurden eine Vielzahl aktueller politischer Entwicklungen, so etwa „Armenia and the Velvet Revolution“ (Tatevik Bahdassarian), „Hat Russland eine Zukunft?“ (Michail Chodorkowski), „Brexit: new realities and lessons learned for Europe“ (Michel Barnier), „Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of the Broken US Legal System“ (The Hon. Jed S. Rakoff), „Zuwanderung und europäische Leitkultur“ (Prof. Dr. Günter Krings), und „D

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45

Dianne, Otto. Part II Approaches, Ch.24 Feminist Approaches to International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0025.

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This chapter describes encounters between feminism and international law in four parts. It begins by outlining the diversity of feminist visions for (and against) international law to highlight the dynamism of the field, the contestation between its various political and legal commitments, and the different ways that the feminist subject of law is conceived. Secondly, the chapter examines the range of critical analyses that feminists have developed in the wake of a particular 1991 American Journal of International Law (AJIL) article. The chapter then explores the trajectories of feminist refor

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46

Orange, Garnet. Police Powers in Ireland. 2nd ed. Bloomsbury Publishing plc, 2024. https://doi.org/10.5040/9781526527578.

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Police Powers in Irelandcovers everything you need to know about police powers in the context of the investigation of crime, as well as general interactions between the members of An Garda Síochána and the public. This book examines the legal issues that arise, with an emphasis on the practicalities of policing. Alongside an analysis of up-to-date case law, this book traces the history of the force, its duties and powers, and details the importance of human rights. TheSecond Editioncovers: - The significant changes to the law on drawing adverse inferences - The changes which DPP v JC had on th

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47

Riley, Philip F. A Lust for Virtue. Praeger, 2001. http://dx.doi.org/10.5040/9798400680984.

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Midway through his reign, in the critical decade of the 1680s, the lusty image of Louis XIV paled and was replaced by that of a straitlaced monarch committed to locking up blasphemers, debtors, gamblers, and prostitutes in wretched, foul-smelling prisons that dispensed ample doses of Catholic-Reformation virtue. The author demonstrates how this attack on sin expressed the punitive social policy of the French Catholic Reformation and how Louis's actions clarified the legal and moral distinctions between crime and sin. As a hot-blooded young prince, Louis XIV paid little attention to virtue or t

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48

Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living t

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