The Paradox of Self-Amendment

About this book

The first book-length study of self-reference and paradox in law. From the author's preface: Logical paradoxes in the strict sense produce statements like those of the Liar ("This very statement is false") that are false if true, and true if false. They resist rational solution or at least divide logicians for centuries of apparently irreconcilable wrangling. What happens when similar paradoxes arise in law? That is a difficult question, but part of the answer is that paradoxes come and go without much notice and are dealt with without much ado. This fact makes the question important as well as difficult. How law copes with strict paradox sheds light on the nature of legal reasoning and rationality, the nature of legal practicality, and the sense in which law can be reasonable, even "wise", while being illogical in the technical sense. I select one principal paradox —the paradox of self-amendment— and explore its variations in several Anglo-American jurisdictions and contexts, but mostly in American constitutional law. If a constitution has an amendment clause (a provision describing or prescribing how to amend that constitution), then can that clause be used to amend itself? The question may be widened to embrace the self-application of any legal rule that authorizes any legal change. Is self-amendment paradoxical? If so, can it be lawful? If so, can the logic of law be logical?