The Anglo-American legal system requires rules of law that are expressed directly and concisely. As a result, the full content of some legal principles remains unstated, occasionally giving the directly stated rule the appearance of a paradox in its application. Professor George examines three examples of such apparent paradoxes, terming them "Loops," "Reversals," and "Hitches." He explores their use in providing understandable statements of law, in allowing the use of feedback in judicial decisions, and in providing a cover for the exercise of judicial discretion.
Lawrence C. George,
King Solomon's Judgment Expressing Principles of Discretion and Feedback in Legal Rules and Reasoning,
30 Hastings L.J. 1549
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol30/iss5/14