Law in the Time of Oxymora : A Synaesthesia of Language, Logic and Law

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? Law in the Time of Oxymora provides answers to these conundrums by critically 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. Law in the Time of Oxymora 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. Law in the Time of Oxymora- Front Cover 1 Law in the Time of Oxymora 4 Title Page 8 Copyright Page 9 Dedication 10 Contents 12 Preface 14 Chapter 1: Prologue: the quest for light 18 Proverb 18 Chapter 2: Introduction 20 Chapter 3: From essentially contested to oxymoronic concepts 23 3.1 Essentially contested concepts: contestation and conflict 23 3.2 Oxymoron, enantiosis and paradox: contradiction and convergence 28 3.3 Perceptions of change 33 3.4 Changes of perception 37 Chapter 4: Essentially oxymoronic concepts in art and science 42 4.1 Essentially oxymoronic concepts in art 43 4.2 Essentially oxymoronic concepts in science 50 4.3 The senses as a bridge between art and science 68 4.4 Art and science: one culture? 75 Chapter 5: Oxymora in the law 77 5.1 What is this thing called “law”? 79 5.2 Essentially oxymoronic concepts in case law 83 5.3 Essentially oxymoronic concepts in jurisprudence 103 5.4 Is law “essentially oxymoronic”? 125 Chapter 6: Change of language or language of change? 129 6.1 The evolution of language: neologisms and semantic change 130 6.2 Two minds or one? Dual process 143 6.3 Culture and geography of mind 148 6.4 Duality of human nature: “nature vs nurture” or cognitive genetics 152 Chapter 7: Law in the time of oxymora: just injustice? 161 7.1 Essentially oxymoronic concepts “in action” 162 7.2 Essentially oxymoronic concepts “in books” 169 7.3 “Just injustice”: changes of the law and the law of changes 173 7.4 Law and justice: from “dual process” to “due process” 181 Chapter 8: Cognition: mind the change or change the mind? 186 8.1 Oxymoronic reasoning or other contradiction-solving mechanisms 188 8.2 West-Eastern considerations of oxymora: analysis vs synthesis 200 8.3 Art, science, law and technology: metaphors of the future? 214 8.4 Law and cognition: the solution of paradoxes in law 222 Chapter 9: Law for the time of oxymora: mnemonic law 232 9.1 Global law and mnemonics: the challenges 235 9.2 The contours of a global mnemonic legal order 246 9.3 The “colour of law” or cognitive coherence through legal synaesthesia 251 9.4 Law and the language of the future: from instinct, via intellect to intuition 260 Chapter 10: Concluding remarks 270 Chapter 11: Epilogue: a new era of light 274 Index 280 A Synaesthesia of Language, Logic and Law Intro Praise Law in the Time of Oxymora Juris Diversitas Title Copright Dedication Contents Preface 1 Prologue: The Quest for Light 2 Introduction 3 From Essentially Contested to Oxymoronic Concepts 3.1 Essentially Contested Concepts: Contestation and Conflict 3.2 Oxymoron, Enantiosis and Paradox: Contradiction and Convergence 3.3 Perceptions of Change 3.4 Changes of Perception 4 Essentially Oxymoronic Concepts in Art and Science 4.1 Essentially Oxymoronic Concepts in Art 4.2 Essentially Oxymoronic Concepts in Science 4.3 The Senses as a Bridge Between Art and Science 4.4 Art and Science: One Culture?5 Oxymora in the Law 5.1 What is this Thing Called "Law"? 5.2 Essentially Oxymoronic Concepts in Case Law 5.3 Essentially Oxymoronic Concepts in Jurisprudence 5.4 Is Law "Essentially Oxymoronic"? 6 Change of Language or Language of Change? 6.1 The Evolution of Language: Neologisms and Semantic Change 6.2 Two Minds or One? Dual Process 6.3 Culture and Geography of Mind 6.4 Duality of Human Nature: "Nature vs Nurture" or cognitive genetics 7 Law in the Time of Oxymora: Just Injustice? 7.1 Essentially Oxymoronic Concepts "in Action" 7.2 Essentially Oxymoronic Concepts "in Books"7.3 "Just Injustice": Changes of the Law and the Law of Changes 7.4 Law and Justice: From "Dual Process" to "Due Process" 8 Cognition: Mind the Change or Change the Mind? 8.1 Oxymoronic Reasoning or Other cOntradiction-Solving Mechanisms 8.2 West-Eastern Considerations of Oxymora: Analysis vs Synthesis 8.3 Art, Science, Law and Technology: Metaphors of the Future? 8.4 Law and Cognition: The Solution of Paradoxes in Law 9 Law for the Time of Oxymora: Mnemonic Law 9.1 Global Law and Mnemonics: The Challenges 9.2 The Contours of a Global Mnemonic Legal Order9.3 The "Colour of Law" or Cognitive Coherence Through Legal Synaesthesia 9.4 Law and the Language of the Future: From Instinct, Via Intellect to Intuition 10 Concluding remarks 11 Epilogue: A New Era of Light Index "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? Law in the Time of Oxymora provides answers to these conundrums by critically 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 logicis 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. Law in the Time of Oxymora 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."--Provided by publisher