Law in the time of oxymora : a synesthesia of language, logic and law

285 Pages·2018·1.963 MB·English

by  Neuwirth, Rostam J.

“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 west-
ern binary approaches across many disciplines. Regardless of your field of
expertise – from science to law to art – this book should be read for its origi-
nal 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. Neuwirth’s 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 con-
tradictions are difficult to maintain in a globalised world. Not only will the
lawyer look differently at law after having read this fascinating book on oxy-
moronic 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 Neuwirth’s 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 oxy-
morons 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

Law in the Time of Oxymora
What do different concepts like true lie, bad luck, honest thief, old news, spacetime,
glocalization, symplexity, sustainable development, constant change, soft law, substan-
tive 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 paradox) in the
areas of art, science and law. Albeit to varying degrees, these concepts share the qual-
ity 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 writ-
ings, 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 oxymo-
ronic 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.
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 the English Language. He received his Ph.D. degree from the European University
Institute (EUI) in Florence (Italy) and also holds a Master’s degree in Law (LL.M.)
from the Faculty of Law of McGill University in Montreal (Canada). His undergradu-
ate studies he spent at the University of Graz (Austria) and the Université d’Auvergne
(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 Depart-
ment 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 focus strongly 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.
Juris Diversitas
Rooted in comparative law, the Juris Diversitas series focuses on the interdisciplinary
study of legal and normative mixtures and movements. Our interest is in comparison
broadly conceived, extending beyond law narrowly understood to related fields.
Titles might be geographical or temporal comparisons. They could focus on theory
and methodology, substantive law, or legal cultures. They could investigate official
or unofficial ‘legalities’, past and present and around the world. And, to effectively
cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary
research is particularly welcome.
Series Editors:
Seán Patrick Donlan, The University of the South Pacific, Vanuatu
Julian Sidoli del Ceno, Birmingham School of the Built Environment,
Birmingham City University, UK
Ignazio Castellucci, Avvocato; University of Teramo, Italy
Editorial Board:
Olivier Moréteau – Louisiana State University, US
Lukas Heckendorn Urscheler – Swiss Institute of Comparative Law, Switzerland
Salvatore Mancuso – University of Palermo, Italy
Christa Rautenbach – North-West University, Potchefstroom, South Africa
Emmanuel Didier – Avocat and Attorney at law; Docteur d’État en Droit
Series Advisory Board:
Philip Bailhache – Jersey, UK
Sue Farran – Northumbria, UK
Marie Goré – Pantheon-Assas (Paris 2), France
Werner Menski – SOAS, London, UK (Emeritus)
Esin Örücü – Glasgow, UK (Emeritus)
Vernon Valentine Palmer – Tulane, US
Rodolfo Sacco – Turin, Italy (Emeritus)
William Twining – University College London, UK (Emeritus) and Miami, US
Jacques Vanderlinden – Free University of Brussels, Belgium (Emeritus) and
Moncton, Canada (Emeritus)
Other titles in this series:
Stateless Law
Evolving Boundaries of a Discipline
Edited by Helge Dedek and Shauna Van Praagh
The Diffusion of Law
The Movement of Laws and Norms Around the World
Edited by Sue Farran, James Gallen, Jennifer Hendry and Christa Rautenbach
Indigenous Rights in Scandinavia
Autonomous Sami Law
Edited by Christina Allard and Susann Funderud Skogvang
Law Between Buildings
Emergent Global Perspectives in Urban Law
Edited by Nisha Mistry and Nestor M. Davidson
For more information about this series, please visit:
www.routledge.com/Juris-Diversitas/book-series/JURISDIV

Law in the Time of Oxymora
A Synaesthesia of Language,
Logic and Law
Rostam J. Neuwirth
First published 2018
by Routledge
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© 2018 Rostam J. Neuwirth
The right of Rostam J. Neuwirth to be identified as author of this work
has been asserted by him in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Neuwirth, Rostam J., author.
Title: Law in the time of oxymora : a synesthesia of language, logic and
law / Rostam J. Neuwirth.
Description: New York, NY : Routledge, 2018. | Includes index.
Identifiers: LCCN 2017059167 | ISBN 9780815346692 (hardback)
Subjects: LCSH: Law–Language. | Semantics (Law) | Oxymoron.
Classification: LCC K213 .N485 2018 | DDC 340/.14—dc23
LC record available at https://lccn.loc.gov/2017059167
ISBN: 978-0-8153-4669-2 (hbk)
ISBN: 978-1-351-17020-8 (ebk)
Typeset in ITC Galliard Std
by Swales & Willis Ltd, Exeter, Devon, UK
For Holger S. Neuwirth
Engineer, Painter, Architect, and . . . Father