Paradox of the Court
Encyclopedia
The Paradox
of the Court, also known as the counterdilemma of Euathlus, is a very old problem in logic
stemming from ancient Greece
. It is said that the famous sophist Protagoras
took on a pupil, Euathlus, on the understanding that the student pay Protagoras for his instruction after he wins his first court case. Protagoras decided to sue Euathlus for the amount owed.
Protagoras argued that if he won the case he would be paid his money. If Euathlus won the case, Protagoras would still be paid according to the original contract, because Euathlus would have won his first case.
Euathlus, however, claimed that if he won then by the court's decision he would not have to pay Protagoras. If on the other hand Protagoras won then Euathlus would still not have won a case and therefore not be obliged to pay.
The question is: which of the two men is in the right?
The story is related by the Latin author Aulus Gellius
in Attic Nights.
How, from an objective standpoint, the way the Court could make its ruling is not necessarily a paradox either. The Court would either rule that Euathlus (as the defendant) had violated the terms of the contract, or had not. The subsequent conundrum would have no legal bearing on the court's decision.
In some civil cases the respondent, if he receives the favor of the court, is also shielded from payments associated with the act of going to court. The Court could indeed rule that Protagoras, as the unsuccessful plaintiff, pay Euathlus the amount which it cost to win. In this case, Euathlus would pay Protagoras only to have the money returned by order of the court. The original contract would have been fulfilled, and Euathlus would bear no further obligation to pay Protagoras for his instruction. The net outcome for Protagoras would be to lose his case, receive payment per the original contract, and then have to pay for the defendant's losses due to his failed suit (Which would be equal to, or exceeding, the cost of Euathlus's education.)
Additionally, Euathlus could hire a lawyer to take on the case, thus invalidating this case as a standard for payment.
Euathlus would win his case because Protagoras sued him BEFORE Euathlus won his first case. Protagoras would lose that particular case because Euathlus has not yet won a case, and therefore Protagoras's cause of action had not yet manifested itself.
The new victory of Euathlus would qualify as new evidence for Protagoras, thus constituting grounds for a new trial.
It has been criticized that though this represents a practical solution, it does not solve the logical paradox. This however can be challenged by identifying a key assumption in the logic, that of eternal states.
This solution works because it targets the assumption of eternal states, that a description applies during all time. If such assumption were false, that the court makes the decision without knowledge of the outcome of the court (or excludes evidence any time after the case start but before the case end), then it is resolvable because the student has not won the case at that time. Court can rule he has not won, therefore does not have to pay without contradiction. Protagoras suing again is neither contradictory. At the second suing the state of the student has changed: he now has won a case. The second suing will now include the outcome of the first trial because it happened prior to the second trial, and the court can freely rule in favor of Protagoras. If assumption of eternal states is in play, the court is required to have all knowledge of all cases student has fought in his lifetime, both past and future. Then there will be a contradiction from the assumption, albeit an unrealistic one. In this solution the student can have both won his first case and not won the first case, because they occur at different times of evaluation.
Paradox
Similar to Circular reasoning, A paradox is a seemingly true statement or group of statements that lead to a contradiction or a situation which seems to defy logic or intuition...
of the Court, also known as the counterdilemma of Euathlus, is a very old problem in logic
Logic
In philosophy, Logic is the formal systematic study of the principles of valid inference and correct reasoning. Logic is used in most intellectual activities, but is studied primarily in the disciplines of philosophy, mathematics, semantics, and computer science...
stemming from ancient Greece
Ancient Greece
Ancient Greece is a civilization belonging to a period of Greek history that lasted from the Archaic period of the 8th to 6th centuries BC to the end of antiquity. Immediately following this period was the beginning of the Early Middle Ages and the Byzantine era. Included in Ancient Greece is the...
. It is said that the famous sophist Protagoras
Protagoras
Protagoras was a pre-Socratic Greek philosopher and is numbered as one of the sophists by Plato. In his dialogue Protagoras, Plato credits him with having invented the role of the professional sophist or teacher of virtue...
took on a pupil, Euathlus, on the understanding that the student pay Protagoras for his instruction after he wins his first court case. Protagoras decided to sue Euathlus for the amount owed.
Protagoras argued that if he won the case he would be paid his money. If Euathlus won the case, Protagoras would still be paid according to the original contract, because Euathlus would have won his first case.
Euathlus, however, claimed that if he won then by the court's decision he would not have to pay Protagoras. If on the other hand Protagoras won then Euathlus would still not have won a case and therefore not be obliged to pay.
The question is: which of the two men is in the right?
The story is related by the Latin author Aulus Gellius
Aulus Gellius
Aulus Gellius , was a Latin author and grammarian, who was probably born and certainly brought up in Rome. He was educated in Athens, after which he returned to Rome, where he held a judicial office...
in Attic Nights.
Analysis
From a moral standpoint it may be that either party was right, or that both weren't, due to the ambiguous nature of the scenario. However, as a matter of law, if the Court were to rule in favor of Protagoras, the conditions of the original contract between him and his pupil would be invalid and Euathlus would have to pay Protagoras. If, on the other hand, Euathlus were to win, the Court could also void Euathlus's obligation of payment.How, from an objective standpoint, the way the Court could make its ruling is not necessarily a paradox either. The Court would either rule that Euathlus (as the defendant) had violated the terms of the contract, or had not. The subsequent conundrum would have no legal bearing on the court's decision.
In some civil cases the respondent, if he receives the favor of the court, is also shielded from payments associated with the act of going to court. The Court could indeed rule that Protagoras, as the unsuccessful plaintiff, pay Euathlus the amount which it cost to win. In this case, Euathlus would pay Protagoras only to have the money returned by order of the court. The original contract would have been fulfilled, and Euathlus would bear no further obligation to pay Protagoras for his instruction. The net outcome for Protagoras would be to lose his case, receive payment per the original contract, and then have to pay for the defendant's losses due to his failed suit (Which would be equal to, or exceeding, the cost of Euathlus's education.)
Additionally, Euathlus could hire a lawyer to take on the case, thus invalidating this case as a standard for payment.
Another theory
Another means of viewing this case is as follows:Euathlus would win his case because Protagoras sued him BEFORE Euathlus won his first case. Protagoras would lose that particular case because Euathlus has not yet won a case, and therefore Protagoras's cause of action had not yet manifested itself.
The new victory of Euathlus would qualify as new evidence for Protagoras, thus constituting grounds for a new trial.
It has been criticized that though this represents a practical solution, it does not solve the logical paradox. This however can be challenged by identifying a key assumption in the logic, that of eternal states.
This solution works because it targets the assumption of eternal states, that a description applies during all time. If such assumption were false, that the court makes the decision without knowledge of the outcome of the court (or excludes evidence any time after the case start but before the case end), then it is resolvable because the student has not won the case at that time. Court can rule he has not won, therefore does not have to pay without contradiction. Protagoras suing again is neither contradictory. At the second suing the state of the student has changed: he now has won a case. The second suing will now include the outcome of the first trial because it happened prior to the second trial, and the court can freely rule in favor of Protagoras. If assumption of eternal states is in play, the court is required to have all knowledge of all cases student has fought in his lifetime, both past and future. Then there will be a contradiction from the assumption, albeit an unrealistic one. In this solution the student can have both won his first case and not won the first case, because they occur at different times of evaluation.