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Journal articles on the topic 'Legal paradox'

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Published: 2 June 2025

Last updated: 31 July 2025

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1

al Attar, Mohsen. "TWAIL: a Paradox within a Paradox." International Community Law Review 22, no. 2 (2020): 163–96. http://dx.doi.org/10.1163/18719732-12341426.

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Abstract What insight do critical perspectives bring to international legal theory? In the following article, I answer this question through an examination of Third World Approaches to International Law (TWAIL). Troubled by geopolitical imbalance in the enterprise of international law, a group of critically minded scholars sought to expand the scope of legal scholarship. They would do so by growing a scholarly community sensitive to Third World concerns in their engagement with international law. Movements are known to collapse just as quickly as they sprout and it is testament to TWAIL’s forc

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Gribakina, Elvira. "The paradox of legal entropy." KANT 37, no. 4 (2020): 245–53. http://dx.doi.org/10.24923/2222-243x.2020-37.53.

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The article deals with the law enforcement mechanism, which includes the assignment of actual rights, infra-legal phenomena, non-legal law providing undermining authority of legal rights laws, reducing the ability of legal norms to protect ordinary members of society from the hardship of life and deprivation, deployment of chaos laws in legal life.

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Crettez, Bertrand, and Olivier Musy. "The Paradox of Legal Unification." Journal of Institutional and Theoretical Economics, Online First (2020): 1. http://dx.doi.org/10.1628/jite-2020-0047.

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Carbonara, Emanuela, and Francesco Parisi. "The paradox of legal harmonization." Public Choice 132, no. 3-4 (2007): 367–400. http://dx.doi.org/10.1007/s11127-007-9162-0.

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Andrukh, O. N., and M. K. Chaduneli. "Legal paradox in initial vocational training." Izvestiya MGTU MAMI 7, no. 4-2 (2013): 356–59. http://dx.doi.org/10.17816/2074-0530-68292.

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The article analyzes the legal instruments in the field of vocational education and studied the legal paradox as a mismatch of the law of the Russian Federation "On Education" to the Constitution of the Russian Federation with respect to initial vocational training which do not guarantee access to free primary vocational education on high society's needs for personnel.

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Liebman, Benjamin L. "Legal Reform: China's Law-Stability Paradox." Daedalus 143, no. 2 (2014): 96–109. http://dx.doi.org/10.1162/daed_a_00275.

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In the 1980s and 1990s, China devoted extensive resources to constructing a legal system, in part in the belief that legal institutions would enhance both stability and regime legitimacy. Why, then, did China's leadership retreat from using law when faced with perceived increases in protests, citizen complaints, and social discontent in the 2000s? This law-stability paradox suggests that party-state leaders do not trust legal institutions to play primary roles in addressing many of the most complex issues resulting from China's rapid social transformation. This signifies a retreat not only fro

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Tasioulas, John. "The Paradox of Equity." Cambridge Law Journal 55, no. 3 (1996): 456–69. http://dx.doi.org/10.1017/s0008197300100467.

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Martha Nussbaum's recent article “Equity and Mercy” eloquently advocates the continued relevance of a tradition of ethical and legal thought—the “equity tradition”—that has been neglected by legal philosophers in recent times. That neglect is partly due to the fact that contemporary legal philosophy (as in the debate between H.L.A. Hart and Ronald Dworkin) has concerned itself with the prior question of whether judges should or need to exercise discretion. The equity tradition presupposes an affirmative answer to that question where the rigorous application of a law yields a sufficiently grave

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Endicott, Timothy A. O. "Vagueness and Legal Theory." Legal Theory 3, no. 1 (1997): 37–63. http://dx.doi.org/10.1017/s135232520000063x.

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The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in formulations of the law leads to discretion in adjudication (including Dwork

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Paiement, Phillip. "Paradox and Legitimacy in Transnational Legal Pluralism." Transnational Legal Theory 4, no. 2 (2013): 197–226. http://dx.doi.org/10.5235/20414005.4.2.197.

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Danchin, Peter G., Jeremy Farrall, Shruti Rana, and Imogen Saunders. "The Pandemic Paradox in International Law." American Journal of International Law 114, no. 4 (2020): 598–607. http://dx.doi.org/10.1017/ajil.2020.69.

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AbstractThis Essay examines a series of paradoxes that have rendered the international legal order's mechanisms for collective action powerless precisely when they are needed most to fight COVID-19. The “patriotism paradox” is that disengagement from the international legal order weakens rather than strengthens state sovereignty. The “border paradox” is that securing domestic populations by excluding noncitizens, in the absence of accompanying regulatory mechanisms to secure adherence to internal health measures, accelerates viral spread among citizens. The “equality paradox” is that while pan

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Yankah, Ekow N. "A Paradox in Overcriminalization." New Criminal Law Review 14, no. 1 (2011): 1–34. http://dx.doi.org/10.1525/nclr.2011.14.1.1.

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Given that one of the central roles of political philosophy and criminal theory is illuminating the borders of justified state punishment, the modern crisis of overcriminalization is a painful defeat. Generations of legal theory, grounded in liberalism, has done little to stem the tide of criminal law and the explosion of criminal punishment. One notable island of decriminalization has been the retreat of criminal punishment surrounding marijuana consumption. With the combination of medical marijuana regimes, reduction of punishment, and halting steps toward full decriminalization, marijuana s

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Gélinas, Fabien. "Modelling Fundamental Legal Change: The Paradox of Context and the Context of Paradox." Canadian Journal of Law & Jurisprudence 28, no. 1 (2015): 77–96. http://dx.doi.org/10.1017/cjlj.2015.18.

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The author takes the paradox of omnipotence faced by lawyers in the context of constitutional change as a starting point to explore the relationship between formal law, logic, and the “pragmatics” that inform legal reasoning. Self-reference in constitutions appears problematic because it has no representation in basic, first-order logic. But self-reference in the context of legal change effectively represents a time dimension that is essential to the practice of law. The dissolution of the paradox is then used to illuminate the relationship between formal law and the context in which it is emb

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Jacobsen, Mogens Chrom. "An Apparent Paradox: To Establish a Legal State is a Loose Duty." Danish Yearbook of Philosophy 50, no. 1 (2017): 46–58. http://dx.doi.org/10.1163/24689300-05001004.

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Taking our point of departure in Kant’s book Zum ewigen Frieden, we note a seeming paradox which we believe has a wider application to legal states as such: while a legal state is supposed to impose strict duties, we only appear to have a loose duty to establish such a state. In order to investigate this seeming paradox, we will recapitulate what Kant says about strict and loose duties and examine in which terms he describes the perpetual peace. We will thus argue that perpetual peace is a loose duty. We will consider Kant’s reasons for this and endeavour to show through his parallel between i

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Struchiner, Noel, Guilherme da F. C. F. de Almeida, and Ivar R. Hannikainen. "Legal decision-making and the abstract/concrete paradox." Cognition 205 (December 2020): 104421. http://dx.doi.org/10.1016/j.cognition.2020.104421.

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Buzu, Irina. "The Inventorship Paradox within Generative AI." IntellectusDevelopment, no. 1 (July 2024): 34–47. http://dx.doi.org/10.56329/1810-7087.24.1.03.

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The advancement of AI, especially generative AI, has brought the inventor designation debate back to the forefront. Can an AI system be considered an inventor when it does not have legal personality? This paradox, highlighted by the DABUS case, requires the exploration of both practical and legal as-pects. Even though the EPO considers AI-generated inventions to be “computer-implemented inven-tions”, the key question that more and more people are asking is this: Can AI really invent something new independently, or is it just a tool for human inventors? Most countries, including those in the EU

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Block, Walter, N. Stephan Kinsella, and Hans-Hermann Hoppe. "The Second Paradox of Blackmail." Business Ethics Quarterly 10, no. 3 (2000): 593–622. http://dx.doi.org/10.2307/3857894.

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Abstract:One so-called paradox of blackmail concerns the fact that “two legal whites together make a black.” That is, it is licit to threaten to reveal a person’s secret, and it is separately lawful to ask him for money; but when both are undertaken at once, together, this act is called blackmail and is prohibited. A second so-called paradox is that if the blackmailer initiates the act, this is seen by jurists as blackmail and illicit, while if the blackmailee (the person blackmailed) originates the contract, this is commonly interpreted as bribery and is not illicit.But these are paradoxes on

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Bethlendi, András. "Az „otthonossághoz való jog” mint a kisebbségi létparadoxon jogi feloldása." Erdélyi Jogélet 3, no. 3 (2021): 13–30. http://dx.doi.org/10.47745/erjog.2020.03.03.

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In my study, I explore the logical self-contradictions stemming from the legal category of the national minority and argue that the minority rights that create this category are unsuitable for resolving the fundamental existential paradox of minority status. Similarly to Sándor Makkai, I see the minority paradox in the lack of homeliness of the physical home. In my view, homeliness as a measure of social defaultness is a function of the consensus prevailing in society and thus is related to the legal order of the state hosting the minority. To resolve this existential paradox of ethnic Hungari

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Jamal, Arif A. "Comparative Law, Anti-essentialism and Intersectionality: Reflections from Southeast Asia in Search of an Elusive Balance." Asian Journal of Comparative Law 9 (January 1, 2014): 197–211. http://dx.doi.org/10.1017/s2194607800000971.

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AbstractThis paper explores the paradox of diversity and similarity within legal “traditions”. More particularly, in looking especially at comparative law scholarship on Southeast Asia, it asks if there are any lessons that comparative law theory can learn about how to account for commonality and difference in large and diverse contexts from the perspectives of intersectionality and anti-essentialism that have been developed in feminist scholarship. The paper concludes that feminist scholarship does not resolve the paradox that comparative legal study makes evident but that it does make us bet

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Robinson, Richard E. "Reply to “Forrester's Paradox”." Dialogue 25, no. 4 (1986): 765–68. http://dx.doi.org/10.1017/s0012217300049696.

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Forrester claims to have shown that a contradiction can be derived from a set of two apparently innocuous moral (or legal) rules together with standard deontic logic (SDL), a principle for adverbial detachment, and a statement of fact. Let l be a system of laws that has the following as immediate consequences:(1) It is obligatory* that Smith not murder Jones.(2) It is obligatory; that, if Smith murders Jones, then Smith murders Jones gently.

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Trejo-Moncada, Denise M. "The eXplainable Artificial Intelligence Paradox in Law: Technological Limits and Legal Transparency." Journal of Artificial Intelligence and Computing Applications 2, no. 1 (2024): 19–27. https://doi.org/10.5281/zenodo.14692066.

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The integration of Artificial Intelligence (AI) into legal systems offers transformative potential, promising enhanced efficiency and predictive accuracy. However, this progress also brings to the spotlight the explainability paradox: the unavoidable trade-off between the accuracy of complex Machine Learning (ML) and Deep Learning (DL) models and their lack of transparency. This paradox challenges foundational legal principles such as fairness, due process, and the right to explanation. While eXplainable AI (XAI) techniques have emerged to address this issue, their post-hoc nature, limited fid

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Le Baillif, Anne-Marie. "The Translator’s Paradox." Interlitteraria 21, no. 2 (2017): 195. http://dx.doi.org/10.12697/il.2016.21.2.3.

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This paper will focus on the translators as their situation has proved to be more and more difficult in France. With examples, we want to consider how one’s position has evolved in the publishing world from the 16th century to the present. Looking at the 16th century, we can observe a real fever for translations of ancient texts. In the Netherlands, Italy and France, printers were translators and signed their translations with their proper name. Playwrights did the same with Latin and Greek works. For example, we know Oedipo tyranno by Giustiniani who translated Sophocles. The name of the Gree

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Stephan, Paul B. "Soviet Economic Law: The Paradox of Perestroyka." Carl Beck Papers in Russian and East European Studies, no. 805 (January 1, 1990): 44. http://dx.doi.org/10.5195/cbp.1990.44.

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The current Soviet leadership wishes to transform the world's largestcentrally managed economy. It hopes through the perestroyka (reconstruction) campaign to diminish the economic bureaucracy, to create markets for production inputs and consumer goods and services, and to expand the role of primary production units, including private firms. Because it also seeks to supplant the present environment of administrative fiat with a developed legal culture, the leadership has memorialized these aspirations in the form of legal mandates issued by the appropriate organs of state authority.

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23

Nishikawa-Pacher, Andreas. "Diplomacy’s Paradox in the Law of State Awards." Hague Journal of Diplomacy 16, no. 1 (2021): 175–85. http://dx.doi.org/10.1163/1871191x-bja10062.

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Summary Diplomatic gifts are deeply paradoxical: they signal ‘peace’ between polities constituted by ‘power’ (peace-and-power paradox); they are exchanged between rulers of contiguous territories so as to momentarily signal a merger of separate entities (paradox of overlapping sovereignties). This essay uses a systems-theoretical approach to uncover this paradox in national laws of state awards. The analysis culminates in a conjectural legal norm prohibiting states to use diplomatic gifts or, to the extreme, a paradoxical norm containing the self-negation and self-prohibition of diplomacy. The

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Hernowo, Wempy Setyabudi, and M. Aufar Saputra Pratama Erawan. "Divine Tobacco: A Paradox Among Health Fascism." SOSIETAS 11, no. 2 (2021): 173–82. http://dx.doi.org/10.17509/sosietas.v11i2.41615.

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This study aims to examine how ideally, the legal system regarding tobacco is related to the conflict of interest in tobacco use for the treatment. The type of research used in this research is normative legal research (normative juridical). Through a statutory approach and a conceptual approach, the aim is to understand the importance of using tobacco as an alternative treatment. By obtaining a clear concept, it is hoped that the norming in the rule of law in the future will no longer have a vague and ambiguous understanding.

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Kochyn, Volodymyr Volodymyrovych. "Organization of volunteer activity in Ukraine: paradoxes of legitimation and legalization." Ius Privatum (legal doctrine and practice / правова доктрина і практика) 9-10, no. 1-2 (2021): 43–62. https://doi.org/10.5281/zenodo.6370477.

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The main paradox of the organization of volunteer activity is the legitimation of ways of formation, management and activity of volunteer organizations based on traditions. The Law of Ukraine “On Volunteering” No 3236 provided an opportunity to regulate these relations to some extent (establishing the status of a volunteers, there rights and guarantees of activities; volunteering forms). However, another paradox is the fragmentary nature of the limits of legal influence and the search for volunteers to find other ways to achieve public (collective) interests. The realization of the

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Jakubiak-Mirończuk, Aneta. "Legal and Functional Conditions of the Paradox of Judicial Mediation." ADR. Arbitraż i mediacja 16, no. 2 (2025): 55–73. https://doi.org/10.17951/adr.2023.2.55-73.

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The aim of the article is to analyse the phenomenon of the paradox of court mediation, understood as its limited practical application in the resolution of civil, commercial, and family disputes. The scope and nature of the phenomenon have been determined based on statistical data. The analysis points to two key aspects of the paradox of court mediation – the number of decisions to refer a case to mediation and the number of proceedings that end with a mediated settlement. Based on the assumption of judicial rationality, the analysis addresses the issue of decisions to refer a case to mediatio

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Martín-Noguerol, Teodoro, Pilar López-Úbeda, and Antonio Luna. "AI in radiology: Legal responsibilities and the car paradox." European Journal of Radiology 175 (June 2024): 111462. http://dx.doi.org/10.1016/j.ejrad.2024.111462.

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Kaczmarek, Jessica, and Jacquie Mangan. "Clinical Legal Education: Bridging the gap between study and legal practice." International Journal of Clinical Legal Education 2 (July 18, 2014): 86. http://dx.doi.org/10.19164/ijcle.v2i0.125.

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<p>For a law student, the academic study of the law and the actual practice of its principles seem worlds apart. With our desk piled high with books, case reports and legislation, the opportunity to experience and reflect upon the human interaction that underpins legal practice is notably lacking. While good lawyer client relationships are vital to successful legal practice, at present, a law student can obtain their law degree without ever interviewing a client or managing a case file. It was with this paradox in mind that during 2000 we embraced the opportunity to be a part of a clinic

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Bocianowska, Joanna. "The Emergence of Legal Rights in Modern Europe on the Example of the French Revolution Achievements." PRAWO i WIĘŹ, no. 2 (May 24, 2024): 396–408. https://doi.org/10.36128/priw.vi49.659.

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The present article is meant to carry out a concise analysis of origins of modern legal rights which were created during one of the most momentous upheavals in religious and social life - The French Revolution. It presents processes and conditions of creating some of the greatest legal regulations of the early modern period. The article draws attention to a certain paradox - a well-ordered legal system which emerged from a turbulent and bloody revolution. Not to mention another paradox, the revolution took place in the Age of Enlightenment and was led by the people representing this very human

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Kwiecień, Roman. "The Formal Sources of International Law, the Relationship between Treaties and Custom, and the International Law-Making Process." Australian Year Book of International Law Online 40, no. 1 (2022): 46–66. http://dx.doi.org/10.1163/26660229-04001004.

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Abstract James Crawford in his Hague general course on public international law discussed the problem of making international law by treaties under the Baxter paradox—“the more agreement, the less law”. Crawford concluded that the Baxter paradox is not so much an insoluble paradox as a valid reflection on the distinct attributes of treaties and custom—something to be embraced and not avoided. The essay seeks to readdress the relationship between treaties and custom taking into account the Baxter paradox and its critical examination by Crawford. It is also discussed in light of the complex prob

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Zamorev, Anton, and Alexander Fedyukovsky. "Euathlus and Crocodile paradoxes: dialectic solution’s advantages." E3S Web of Conferences 164 (2020): 11022. http://dx.doi.org/10.1051/e3sconf/202016411022.

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The paper is devoted to two ancient legal cases which, to date, have had no uniform solution: The Euathlus paradox and The Crocodile paradox. The aim of this work is not only searching logically faultless solution of both problems, but also developing the general approach to solving any similar cases without involving principles other than formal logic and the primary contract between litigants. The central problem of the research is that of incompleteness of this problem provisions, resulting in a set of various treatments the same questions. In the paper the following problems are solved: fo

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AKTER, Farzana. "Legal Aid for Ensuring Access to Justice in Bangladesh: A Paradox?" Asian Journal of Law and Society 4, no. 1 (2017): 257–75. http://dx.doi.org/10.1017/als.2016.60.

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AbstractThis article examines the government-funded legal aid system of Bangladesh. It indicates that the Bangladeshi legal aid system is lacking in terms of both legal provisions and the actual performance of the Legal Aid Services Act. The inadequacies in the implementation of the Act even raise the concern of whether the government has any intention to use the legal system to improve the condition of the poor or whether it intends to establish a legal aid system that is directed to providing mere lip service to the poor. The Bangladeshi legal aid system is therefore in a paradox; the state

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Goodpaster, Kenneth E., and Thomas E. Holloran. "In Defense of a Paradox." Business Ethics Quarterly 4, no. 4 (1994): 423–29. http://dx.doi.org/10.2307/3857341.

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Abstract:Our approach in this response is as follows. In § 1, we try to identify accurately Boatright’s central claims—both about Goodpaster’s original paper and about matters of substance independent of that paper. In § 2 and 3, we discuss the plausibility of those claims, first from a legal point of view and then from a moral point of view. Finally, in § 4, we defend the concept of paradox (and, in particular, the Stakeholder Paradox) as a limitation on practical reason which is not necessarily to be lamented. In fact, we believe, some paradoxes are better preserved from rather than guided t

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Hildebrandt, Mireille. "Legal and Technological Normativity." Techné: Research in Philosophy and Technology 12, no. 3 (2008): 169–83. http://dx.doi.org/10.5840/techne20081232.

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Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed ei

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Macklem, Patrick. "Militant democracy, legal pluralism, and the paradox of self-determination." International Journal of Constitutional Law 4, no. 3 (2006): 488–516. http://dx.doi.org/10.1093/icon/mol017.

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Messick, Brinkley. "Just Writing: Paradox and Political Economy in Yemeni Legal Documents." Cultural Anthropology 4, no. 1 (1989): 26–50. http://dx.doi.org/10.1525/can.1989.4.1.02a00020.

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Adiyatma, Septhian Eka. "Legal Paradox: Protection of Victims Taking the Law into Vigilantism." Ius Poenale 4, no. 2 (2023): 105–26. http://dx.doi.org/10.25041/ip.v4i2.3004.

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Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Crimi

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Muttart, Daved M. "Power Point in Legal Education: Pedagogical Paradox-An Exploratory Study." Osgoode Hall Law Journal 42, no. 2 (2004): 303–16. http://dx.doi.org/10.60082/2817-5069.1381.

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Wesoky, Jacob. "A Pious Paradox." Flux: International Relations Review 14, no. 2 (2024): 79–85. http://dx.doi.org/10.26443/firr.v14i2.169.

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The divergent trajectories in the legalization of same-sex marriage amidst disparate levels of religiosity challenges conventional wisdom about the relationship between religion, state, and society. Contrary to the conventional belief that higher religiosity in countries fosters conservative views and resistance to progressive social reforms, Argentina and Chile present an intriguing anomaly. Utilizing data from the World Values Survey and examining the historical, political, and social contexts of each country, this paper seeks to understand why Argentina, with its higher religiosity and cons

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Allison, J. W. F. "VARIATION OF VIEW ON ENGLISH LEGAL DISTINCTIONS BETWEEN PUBLIC AND PRIVATE." Cambridge Law Journal 66, no. 3 (2007): 698–711. http://dx.doi.org/10.1017/s0008197307000682.

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The debate about distinguishing public law and private law has been wide-ranging and variously focused. It has contributed to a paradox (or contradiction) in legal thinking, described by Peter Cane in his contribution to Public Law in a Multi-Layered Constitution. On the one hand, Cane stresses that the distinction between public and private “seems alive and well”––manifest, inter alia, in judicial review procedure and the establishment of an Administrative Court in England, in EC law (demarcating the scope of directives with direct effect), in the provisions applicable to public authorities i

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Mendy, Ousu. "A Constitution without Constitutionalism: A Gambian Paradox." International Journal of Law and Public Policy (IJLAPP) 6, no. 1 (2024): 19–28. http://dx.doi.org/10.36079/lamintang.ijlapp-0601.607.

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Constitutionalism and democratization are the current governance trends in Africa, and these are complemented with new constitutions. The Gambia is not an exception as it transcends from dictatorship. However, the country faces a paradoxical menace of a constitution without constitutionalism as it faces deficit of constitutionalism in praxis despite its theoretical deliberation in the State’s 1997 Constitution. This research uses doctrinal or normative legal research with focus on provisions of laws, books, journal articles and other secondary materials that speak to the facts in issue. This A

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Banakar, Reza. "Having one's cake and eating it: the paradox of contextualisation in socio-legal research." International Journal of Law in Context 7, no. 4 (2011): 487–503. http://dx.doi.org/10.1017/s1744552311000267.

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Traditional doctrinal scholarship provides an important service to practising lawyers by analysing legal rules and decisions, clarifying ambiguities within rules, structuring them in a logical and coherent manner and describing their interrelationship (Chynoweth, 2008). The systematisation and formulation of the law in terms of doctrine creates a conceptual basis for constructing a legal context that helps to determine which rules should be applied in a particular situation. In this sense, doctrinal studies emerge out of the study of legal texts (or black-letter law), which are generated by le

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Labuschagne, Pieter. "Equality and freedom in South Africa: creating a democratic paradox?" Acta Academica: Critical views on society, culture and politics 44, no. 1 (2012): 28–55. https://doi.org/10.38140/aa.v44i1.1340.

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South Africa’s democratic transformation from authoritarian rule to a constitutional democracy was a dramatic legal revolution that signalled the end of parliamentary sovereignty and its replacement by a supreme constitution. This adoption of a supreme constitution, including a bill of rights to protect individual rights, for the first time formally indicated the presence of a constitutional state in South Africa. The “legal revolution” had a direct influence on the way democracy would be defined and applied in the future. However, the emphasis in the Constitution on equality and freedom, in d

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Nobles, Richard, and David Schiff. "Civil disobedience and constituent power." International Journal of Law in Context 11, no. 4 (2015): 462–80. http://dx.doi.org/10.1017/s1744552315000300.

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AbstractThis paper uses the example of civil disobedience to explore Luhmann's description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system's inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power a

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Vanhala, Lisa. "Legal Opportunity Structures and the Paradox of Legal Mobilization by the Environmental Movement in the UK." Law & Society Review 46, no. 3 (2012): 523–56. http://dx.doi.org/10.1111/j.1540-5893.2012.00505.x.

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SCHWARTZBERG, MELISSA. "Athenian Democracy and Legal Change." American Political Science Review 98, no. 2 (2004): 311–25. http://dx.doi.org/10.1017/s0003055404001169.

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The ancient Athenians regarded their ability to modify their laws as a fundamentally democratic trait; indeed, the faculty of “pragmatic innovation” was well known throughout the Greek world and was widely viewed as a key advantage that Athens had over its rival, Sparta. The Athenian commitment to legal change endured despite disastrous consequences at the end of the fifth century, a comprehensive revision of the laws, and the complication of legal procedure in the fourth century. In an apparent paradox, however, the Athenians also used “entrenchment clauses” to make certain laws immutable. Th

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Finkin, Matthew W. "Union Dispossession of Labour Protection: A Paradox, in Two Legal Systems." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 1 (2020): 1–18. http://dx.doi.org/10.54648/ijcl2020001.

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Though the protections of employment law are usually not subject to waiver by the employee, some countries allow unions to negotiate to modify or abrogate then. This article looks at two: the United States and Germany. It points to a critical distinction between the legal capacity to make collective bargaining agreements having that effect in Germany as compared to the United States. Notwithstanding those differences, it argues that what their experience teaches in common is that such an opt-out can benefit employers by giving needed and mutually understood flexibility, and can benefit unions

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Trubek, David M., and John Esser. "“Critical Empiricism” in American Legal Studies: Paradox, Program, or Pandora's Box?" Law & Social Inquiry 14, no. 01 (1989): 3–52. http://dx.doi.org/10.1111/j.1747-4469.1989.tb00577.x.

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Barkholdt, Janina. "Progress Through Preservation of the Legal Status Quo: Paradox or Prerequisite?" Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 84, no. 4 (2024): 925–54. https://doi.org/10.17104/0044-2348-2024-4-925.

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Peixoto Barbosa, Leonardo. "Blockchain Smart Contracts: A Socio-Legal Approach." European Business Law Review 32, Issue 2 (2021): 251–94. http://dx.doi.org/10.54648/eulr2021010.

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Smart contracts are computer protocols that self-enforce encoded terms. They arguably allow for individual freedom and increased sovereignty from inconveniences. The enthusiasm goes as far as foreseeing that smart contracts will make contractual legal oversight obsolete. However, whereas contract law theory evolved to acknowledge the importance of flexibility and relationality, smart contracts activists defend the opposite direction, arguing for contractual rigidness and denial of social norms supporting complex transactions. This paper departs from this paradox to argue that (i) smart contrac

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