The legal system is broad and complex, as it becomes increasingly common to develop a broad normative universe with which to respond to any possible situation. What is Antinomy?
However, the antinomina shows how two norms may not be in harmony when the meaning of one contradicts the application of the other in the same context. Why does this paradox occur?
legal contradiction
Mainly, because the law is a creation of man and, therefore, has limitations (the human being is also wrong). And also, because the greater the number of theoretical principles to regulate practical situations, the greater the risk of a contradiction in any case.
In a legal case it may happen that two different laws are applicable, however, the situation changes depending on which one prevails. What is Antinomy?
These are possible inconsistencies within the legal universe. This reality is based on the principle of contradiction, which concludes that two norms with a total relationship of contradiction to each other cannot be valid at the same time or in the same place. What is Antinomy?
This concept is of Greek origin. It is composed of the prefix “anti” which from a semantic point of view means “against” and “nomos” which means law. This kind of situation shows a paradox that must be resolved.
This concept is not only applied in the field of law, but also in philosophy. Kant is one of the thinkers who thought the most about this term. What is Antinomy?
paradox of reason
Kant thinks that reason contradicts itself when it asks questions that it cannot definitively answer as questions that transcend experience itself. An insurmountable contradiction that the author calls sophistry.
This contradiction of reason occurs when the human being wants to know the unconditioned, that is, what belongs to the intelligible universe of things in themselves.
For Kant, the unconditioned is summed up in three fundamental concepts: the world, the self and God
These realities are not subject to the conditions of theoretical knowledge, as are the sensation and sensitivity proper to the observation of visible and material reality. What is Antinomy?
Therefore, a paradox of this type occurs when the human being wants to know the noumenon (what is in itself) as if it were a phenomenon (“the object for me” which is always in relation to the subject).
The desire to know these realities is a transcendental illusion, a deception of reason that produces a kind of mental mirage.
