Date of Award
Spring 2025
Language
English
Embargo Period
1-28-2025
Document Type
Master's Thesis
Degree Name
Master of Arts (MA)
College/School/Department
Department of Philosophy
Program
Philosophy
First Advisor
Bradley Armour-Garb
Second Advisor
P.D. Magnus
Committee Members
Bradley Armour-Garb, P.D. Magnus
Subject Categories
Law and Philosophy
Abstract
The following paper puts forth an argument for the analysis of legal systems via paraconsistent logics instead of classical logic due to the existence of legal dialetheia - true contradictions born from the law. Given that contradictions lead to absurdity in classical logic, a paraconsistent perspective becomes the clear choice once the existence of legal dialetheia is established. The first half of this argument, therefore, aims to support the work of Graham Priest in establishing legal dialetheia by explaining his view and combatting his opponent, J.C. Beall, who finds such dialetheia to fail beyond the limited scope of a legal system. Once the possibility of legal dialetheia is established, the consequence of failing to acknowledge their presence is explained and evidence for their importance in legal systems, due in part to the expressive power they provide, is presented. It is on the basis of all of this that paraconsistency is presented as the best foundation for our analysis of legal systems given that it can accommodate true contradictions without leading us to absurdity. By permitting us to continue on in the face of true contradictions, paraconsistency allows us to acknowledge the real life struggles that legal dialetheia may present, while maintaining the benefits of the complexity with which the social world operates.
License
This work is licensed under the University at Albany Standard Author Agreement.
Recommended Citation
Coddington, Sydney, "Paraconsistency in Legal Systems: Why Not to Evaluate the Law with Classical Logic" (2025). Electronic Theses & Dissertations (2024 - present). 233.
https://scholarsarchive.library.albany.edu/etd/233
