Law in the time of oxymora : a synesthesia of language, logic and law / Rostam J. Neuwirth.
2018
K213 .N485 2018 (Map It)
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Details
Author
Title
Law in the time of oxymora : a synesthesia of language, logic and law / Rostam J. Neuwirth.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2018.
Copyright
©2018
Call Number
K213 .N485 2018
ISBN
9780815346692 hardcover
0815346697 hardcover
9781351170208 (electronic book)
9781351170185 (ePub ebook)
9781351170192 (PDF ebook)
9781351170178 (Mobipocket ebook)
0815346697 hardcover
9781351170208 (electronic book)
9781351170185 (ePub ebook)
9781351170192 (PDF ebook)
9781351170178 (Mobipocket ebook)
Description
xv, 268 pages ; 25 cm.
System Control No.
(OCoLC)1015269610
Summary
"What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? [This book] provides answers to these conundrums by...comparing the apparent rise in recent years of the use of rhetorical figures called 'essentially oxymoronic concepts' (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of 'hard cases' featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. [This book] reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Available in Other Form
ebook version : 9781351170185
Record Appears in
Table of Contents
Preface
xiii
1.
Prologue: the quest for light
1
2.
Introduction
3
3.
From essentially contested to oxymoronic concepts
6
3.1.
Essentially contested concepts: contestation and conflict
6
3.2.
Oxymoron, enantiosis and paradox: contradiction and convergence
11
3.3.
Perceptions of change
16
3.4.
Changes of perception
20
4.
Essentially oxymoronic concepts in art and science
25
4.1.
Essentially oxymoronic concepts in art
26
4.2.
Essentially oxymoronic concepts in science
33
4.3.
senses as a bridge between art and science
51
4.4.
Art and science: one culture?
58
5.
Oxymora in the law
60
5.1.
What is this thing called "law"?
62
5.2.
Essentially oxymoronic concepts in case law
66
5.3.
Essentially oxymoronic concepts in jurisprudence
86
5.4.
Is law "essentially oxymoronic"?
108
6.
Change of language or language of change?
112
6.1.
evolution of language: neologisms and semantic change
113
6.2.
Two minds or one? Dual process
126
6.3.
Culture and geography of mind
131
6.4.
Duality of human nature: "nature vs nurture" or cognitive genetics
135
7.
Law in the time of oxymora: just injustice?
144
7.1.
Essentially oxymoronic concepts "in action"
145
7.2.
Essentially oxymoronic concepts "in books"
152
7.3.
"Just injustice": changes of the law and the law of changes
156
7.4.
Law and justice: from "dual process" to "due process"
164
8.
Cognition: mind the change or change the mind?
169
8.1.
Oxymoronic reasoning or other contradiction-solving mechanisms
171
8.2.
West-Eastern considerations of oxymora: analysis vs synthesis
183
8.3.
Art, science, law and technology: metaphors of the future?
197
8.4.
Law and cognition: the solution of paradoxes in law
205
9.
Law for the time of oxymora: mnemonic law
215
9.1.
Global law and mnemonics: the challenges
218
9.2.
contours of a global mnemonic legal order
229
9.3.
"colour of law" or cognitive coherence through legal synaesthesia
234
9.4.
Law and the language of the future: from instinct, via intellect to intuition
243
10.
Concluding remarks
253
11.
Epilogue: a new era of light
257
Index
263