Dealing (with) Paradoxes : On Law, Justice and Cheating

The concept and application of paradox in law is the main focus of the chapter. Paradoxes abound in law: the paradox between its openness to new social issues and its corresponding closure with regard to its terminology, operation, self-image; or the paradox between the text of the law and interpretations; or indeed, the paradox between law and justice. Thus, perhaps the most important paradox of the law is where the law gets its legitimacy - in other words, is law lawful? This question calls for a radical conception of justice, simultaneously within and without the law. As will be explained, this paradox for the law represents a further challenge: is the law supposed to 'deal with' it, therefore get dirty by proving its legitimacy, or 'deal' it, pass it on, to another willing player in that rather ruthless game of legitimacy between law and politics?Starting from a short story in Borges's El Aleph, the text moves through an understanding of the paradox between law and justice and concludes with an ethical call from within the law and for the law, by virtue of its position as simply another player in the gaming table