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Law in the Time of Oxymora: A Synaesthesia of Language, Logic and Law [Mīkstie vāki]

  • Formāts: Paperback / softback, 268 pages, height x width: 234x156 mm, weight: 530 g, 1 Illustrations, black and white
  • Sērija : Juris Diversitas
  • Izdošanas datums: 11-Nov-2019
  • Izdevniecība: Routledge
  • ISBN-10: 0367893649
  • ISBN-13: 9780367893644
  • Mīkstie vāki
  • Cena: 57,31 €
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  • Formāts: Paperback / softback, 268 pages, height x width: 234x156 mm, weight: 530 g, 1 Illustrations, black and white
  • Sērija : Juris Diversitas
  • Izdošanas datums: 11-Nov-2019
  • Izdevniecība: Routledge
  • ISBN-10: 0367893649
  • ISBN-13: 9780367893644

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 is dedicated to the apparent rise in recent years in rhetorical devices called "essentially oxymoronic concepts". These concepts include oxymora, contradictions in terms (enantiosis), and paradoxes, which all share the feature of apparent contradictions in their content albeit to varying degrees.

Recenzijas

'Professor Rostam J Neuwirth has produced a scholarly work of real excellence that will be certain to test the concept of law. In the vanguard of research, his work re-conceptualises the perception and reality of law. Its contribution is more than important. It is fundamental.'

Professor Gonzalo Villalta Puig, The University of Hull, UK

'Law in the Time of Oxymora, like its title, brings together fields and thoughts that are often considered opposites, to present a well-reasoned and compelling argument about the durability and applicability of western binary approaches across many disciplines. Regardless of your field of expertise - from science to law to art - this book should be read for its original and imaginative insights that are delightfully well written and presented, and which are likely to make you rethink some of your accepted "truths".'

Colin B. Picker, University of Wollongong, Australia

'Rostam J. Neuwirths study of the oxymoron the word itself represents an oxymoron in literature, art and science, and, dependent on these, law, shows that binary logic and universal principles without irreconcilable contradictions are difficult to maintain in a globalised world. Not only will the lawyer look differently at law after having read this fascinating book on oxymoronic concepts, the researcher will be delighted by the rich source material the author provides from literature, philosophy, science, law and politics.'

Andreas Rahmatian, University of Glasgow, UK

'Rostam Neuwirths book 'Law in the Time of Oxymora' is a thoughtful and complex investigation of the varying uses of this fascinating figure of speech and its impact on our thought. While Professor Neuwirth focuses on the oxymorons of law, he also examines their use in science and the arts. He takes us on an exciting and informative journey through many areas of knowledge, leaving us more informed and more intrigued about the world and the many ways that we think about it.'

Christine A. Corcos, Louisiana State University Law Center, USA 'Professor Rostam J Neuwirth has produced a scholarly work of real excellence that will be certain to test the concept of law. In the vanguard of research, his work re-conceptualises the perception and reality of law. Its contribution is more than important. It is fundamental.'

Professor Gonzalo Villalta Puig, The University of Hull, UK

'Law in the Time of Oxymora, like its title, brings together fields and thoughts that are often considered opposites, to present a well-reasoned and compelling argument about the durability and applicability of western binary approaches across many disciplines. Regardless of your field of expertise - from science to law to art - this book should be read for its original and imaginative insights that are delightfully well written and presented, and which are likely to make you rethink some of your accepted "truths".'

Colin B. Picker, University of Wollongong, Australia

'Rostam J. Neuwirths study of the oxymoron the word itself represents an oxymoron in literature, art and science, and, dependent on these, law, shows that binary logic and universal principles without irreconcilable contradictions are difficult to maintain in a globalised world. Not only will the lawyer look differently at law after having read this fascinating book on oxymoronic concepts, the researcher will be delighted by the rich source material the author provides from literature, philosophy, science, law and politics.'

Andreas Rahmatian, University of Glasgow, UK

'Rostam Neuwirths book 'Law in the Time of Oxymora' is a thoughtful and complex investigation of the varying uses of this fascinating figure of speech and its impact on our thought. While Professor Neuwirth focuses on the oxymorons of law, he also examines their use in science and the arts. He takes us on an exciting and informative journey through many areas of knowledge, leaving us more informed and more intrigued about the world and the many ways that we think about it.'

Christine A. Corcos, Louisiana State University Law Center, USA

'In the newly released book, Law in the Time of Oxymora: A Synaesthesia of Language, Logic and Law, he adds a new and unique perspective to the global governance debate, by exploring the new trend of a shift from the dominance of "essentially contested concepts" to one of "essentially oxymoronic concepts" in case-law and legal literature. This book pushes the boundary of interdisciplinary studies even further.'

LIN Min, University of Hamburg, Germany

Preface xiii
1 Prologue: the quest for light
1(2)
2 Introduction
3(3)
3 From essentially contested to oxymoronic concepts
6(19)
3.1 Essentially contested concepts: contestation and conflict
6(5)
3.2 Oxymoron, enantiosis and paradox: contradiction and convergence
11(5)
3.3 Perceptions of change
16(4)
3.4 Changes of perception
20(5)
4 Essentially oxymoronic concepts in art and science
25(35)
4.1 Essentially oxymoronic concepts in art
26(7)
4.2 Essentially oxymoronic concepts in science
33(18)
4.3 The senses as a bridge between art and science
51(7)
4.4 Art and science: one culture?
58(2)
5 Oxymora in the law
60(52)
5.1 What is this thing called "law"?
62(4)
5.2 Essentially oxymoronic concepts in case law
66(20)
5.3 Essentially oxymoronic concepts in jurisprudence
86(22)
5.4 Is law "essentially oxymoronic"?
108(4)
6 Change of language or language of change?
112(32)
6.1 The evolution of language: neologisms and semantic change
113(13)
6.2 Two minds or one? Dual process
126(5)
6.3 Culture and geography of mind
131(4)
6.4 Duality of human nature: "nature vs nurture" or cognitive genetics
135(9)
7 Law in the time of oxymora: just injustice?
144(25)
7.1 Essentially oxymoronic concepts "in action"
145(7)
7.2 Essentially oxymoronic concepts "in books"
152(4)
7.3 "Just injustice": changes of the law and the law of changes
156(8)
7.4 Law and justice: from "dual process" to "due process"
164(5)
8 Cognition: mind the change or change the mind?
169(46)
8.1 Oxymoronic reasoning or other contradiction-solving mechanisms
171(12)
8.2 West-Eastern considerations of oxymora: analysis vs synthesis
183(14)
8.3 Art, science, law and technology: metaphors of the future?
197(8)
8.4 Law and cognition: the solution of paradoxes in law
205(10)
9 Law for the time of oxymora: mnemonic law
215(38)
9.1 Global law and mnemonics: the challenges
218(11)
9.2 The contours of a global mnemonic legal order
229(5)
9.3 The "colour of law" or cognitive coherence through legal synaesthesia
234(9)
9.4 Law and the language of the future: from instinct, via intellect to intuition
243(10)
10 Concluding remarks
253(4)
11 Epilogue: a new era of light
257(6)
Index 263
Rostam J. Neuwirth is Professor of Law at the University of Macau (China) where he also serves as the Program Coordinator of Master of International Business Law (IBL) in English Language. He received his PhD degree from the European University Institute (EUI) in Florence (Italy) and also holds a Masters degree in Law (LL.M.) from the Faculty of Law of McGill University in Montreal (Canada). His undergraduate studies he spent at the University of Graz (Austria) and the Université dAuvergne (France). Previously, he taught at the West Bengal University of Juridical Sciences (NUJS) in Kolkata (India) and the Hidayatullah National Law University (HNLU) in Raipur (India). Prior to that, he worked for two years as a legal adviser in the Department of European Law in Department I.4 (European Law) of the Völkerrechtsbüro (International Law Bureau) of the Austrian Federal Ministry for Foreign Affairs.

Neuwirth has authored more than 70 articles in international journals around the world. His research interests are strongly focusing on interdisciplinarity and include the legal areas of international economic law, WTO and EU law, the creative economy, intellectual property, cultural diversity, comparative law, as well as various "law and issues".