The Paradox of Self-Amendment:
A Study of Law, Logic, Omnipotence, and Change Peter Suber, Philosophy Department, Earlham College

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This book was originally published by Peter Lang Publishing, 1990, but is now out of print.
ISBN 0-8204-1212-0
Copyright © 1990, Peter Suber.

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Table of Contents

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Now searchable.

Preface to the Print Edition (34.5k)

• Why bother?
• Outline
• Notes on the text

Preface to the Online Edition (4.6k)

Part One. The Paradox of Self-Amendment

Section 1. Introduction: Logical Paradoxes in Law (61.8k)

1. Paradoxes that perplex, and paradoxes that prove
2. "Solving" paradoxes in logic and law
3. Self-amendment
4. Logical v. legal approaches to self-amendment
• Notes to Section 1

Section 2. Preliminaries: Amendment Clauses (38.1k)

1. Amendment and revolution, lawful and unlawful change of law
2. Amendment and democracy
• Notes to Section 2

Section 3. The Dilemma (37.4k)

1. Self-application v. infinite regress
2. Primary and secondary rules
3. Is law finite?
4. The paradox of omnipotence, the barber, and the liar
• Notes to Section 3

Section 4. The Denial of Self-Application (18.1k)

1. Four ways to avoid self-amendment
2. Weaknesses of these four methods
• Notes to Section 4

Section 5. Self-Application (30.8k)

1. Ross's paradox of self-amendment
2. Some distinctions
3. Lawfulness of self-amendment
4. Self-reference
• Notes to Section 5

Section 6. The Inference and Acceptance Models of Legal Change (37.5k)

1. Weaknesses of the inference model cured by the acceptance model
2. Ross's solution: the invisible, immutable amendment clause
3. Solutions from the model of direct acceptance
• Notes to Section 6

Section 7. Hart's Theory of Acceptance (40.5k)

1. Salient points in Hart's text
2. Hartian acceptance self-applied
• Notes to Section 7

Section 8. Omnipotence and Immutability (125.2k)

1. Omnipotence and immutability are inseparable concepts
2. Entrenchment, self-entrenchment, disentrenchment
3. Supposed limitations on the U.S. federal amending power
• Notes to Section 8

Section 9. Entrenchment, Self-Entrenchment, and Disentrenchment of the Amendment Clause Itself (108.1k)

1. Types and distinctions
2. Reflexivity tangles in New Mexico
3. Self-disentrenchment of the AC
4. Entrenchment and time
5. Self-repeal
• Notes to Section 9

Section 10. Attempts to Dissolve the Paradox: Time (55.4k)

1. Ross's answer to the time-based objection
2. "Valid until amended", temporal indexing, universal self-entrenchment
3. The procedural model
4. Other views
5. One more try at satisfying the inference model
• Notes to Section 10

Section 11. Attempts to Dissolve the Paradox: Self-Embracing Omnipotence and Specific Authorization (22.5k)

1. The authorization fallacy
2. Against self-embracing omnipotence
• Notes to Section 11
Part Two. Variations on the Theme

Section 12. Introduction to Part Two (62.7k)

1. The exclusivity of the federal AC
2. Indirect self-amendment
3. Self-amendment without inconsistency
4. Self-amendment of a non-supreme rule of change
• Notes to Section 12

Section 13. The See-Saw Method (17.2k)

Section 14. Amendment by Sunset Clause (33.3k)

1. Sunset clauses in American constitutions
2. Self-repealing sunset clauses
3. Effective-date clauses
• Notes to Section 14

Section 15. Amendment by Interpretation (43.2k)

1. Judicial amendments
2. Judicial self-amendment
• Notes to Section 15

Section 16. Amendment by Implication (48.8k)

1. The lex posterior principle v. self-entrenchment
2. Was the adoption of the Tenth Amendment a case of self-amendment?
3. Was the adoption of the Fourteenth Amendment a case of self-amendment?
4. The lex posterior principle self-applied
• Notes to Section 16

Section 17. Amendment by Treaty (31.0k)

1. The treaty power v. the amending power
2. The Bricker amendment
• Notes to Section 17

Section 18. Amendment by "Inalienable Right to Alter or Abolish Government" (28.1k)

1. Amending v. altering or abolishing
2. The right to alter or abolish government self-applied
• Notes to Section 18

Section 19. Amendment by Desuetude (25.6k)

• Notes to Section 19

Section 20. Other Selected Paradoxes and Reflexivities in Law (112.6k)

1. Protagoras v. Euathlus
2. State v. Jones
3. Self-referring laws
4. The liar
5. Circular liens and liabilities
6. The bootstrap doctrine
7. Inferences drawn from the fact of the dispute
8. Reflexivities of sovereignty
9. Self-amendment
10. Permissible disobedience
11. Contract reflexivities
12. "More of the same"
13. Breaking vicious circles
14. To know before we know
15. Tax reflexivities
16. Circular reasoning
• Notes to Section 20

Section 21. Conclusions and Explorations (155.9k)

1. Summary
2. Acceptance and consistency
3. Some oddities and implications
4. A word on the merits of the direct acceptance theory
5. Self-application
• Notes to Section 21

Appendix 1. Attempts to Amend the Federal Amendment Clause (34.4k)

1. Recent proposals
2. An historical proposal passed by Congress
3. Historical proposals not passed by Congress
4. The Articles of Confederation
5. Selected suggestions by writers
• Notes to Appendix 1

Appendix 2. Self-Amendment of State Amendment Clauses (55.5k)

1. Summary
2. Table of States
• Notes to Appendix 2

Appendix 3. Nomic: A Game of Self-Amendment (39.1k)

1. Introduction
2. How to play Nomic
3. Initial set of rules
• Notes to Appendix 3

Bibliography (112.1k)

Index

• I omit the index from this HTML edition.

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Peter Suber, Department of Philosophy, Earlham College, Richmond, Indiana, 47374, U.S.A.
peters@earlham.edu. Copyright © 1990, 1998, Peter Suber.