Paradox of Self-Amendment by Peter Suber judge could easily decide that this case will not count as Euathlus's first case, except possibly in future cases looking back. Or the judge could decide that no "meeting of minds" occurred if Euathlus meant his first case with someone other than Protagoras and if Protagoras did not. The contract could be positively reformed in equity. Euathlus could be ordered to pay earnest money while making a reasonable effort to take on another case, or to pay quantum meruit for the time Protagoras had already devoted to his instruction. If Euathlus unduly delayed in taking cases, that might be considered a breach; or if Protagoras was unduly hasty in bringing suit, he might be ordered to wait for a reasonable period. The logical difficulties could be sent to a jury, and no questions need be asked about how the jury arrived at its solution. (This is how the judge in State v. Jones hoped to deal with a similar problem; see Section 20.B below.) The judge could make a forthright appeal to some relevant policy, such as the benefit to future legal education of deciding for Protagoras (or for Euathlus). Without bringing in policies or principles of this kind, in fact, it is difficult to see how the case could be decided, since Protagoras and Euathlus do not give reasons why they ought to win other than the contradiction in the alternative position. If the two arguments are truly equal in weight, then the one with the burden of proof loses; this works against the plaintiff Protagoras. B. State v. Jones State v. Jones, 80 Ohio App. 269 (1946) is the only American case that has cited Protagoras v. Euathlus, according to the computer search service, Lexis. It presents a similar paradox and shows that the logic of the Euathlus case can arise in modern law. Jones was a physician charged with performing illegal abortions on each of six women. For at least one of the women, Jacquelin Harris, the only evidence of the abortion was her uncorroborated testimony. The judge instructed the jury (1) that women who voluntarily procured abortions were accomplices of the criminal abortionist, (2) that if Jones is found guilty, then Harris must be found guilty as an accomplice, and (3) that the testimony of accomplices against principals is suspect and cannot ground a conviction without corroboration. These jury instructions were correct statements of Ohio law in 1946. Jones wanted the second instruction replaced by one to the effect that Harris should, by her own admissions, be found an accomplice as a matter of law. This would have the consequence that her testimony against him would become legally insufficient; hence he could not be convicted of performing that abortion. Jones' motion was denied and the original instruction went to the jury. Jones clearly wanted Harris' testimony against him to become legally insufficient, and this occurs as soon as Harris is found to be his accomplice. But if she is his accomplice, then he must be the guilty principal. But if he is guilty, then the only evidence against him is the uncorroborated testimony of his accomplice, which is legally insufficient. So should he be convicted? We can restate the issues as a dilemma and counter-dilemma to highlight their similarity to the Euathlus case. The prosecutor argues that Jones will be found either guilty or not guilty. If guilty, then the state wins. If not guilty, then Harris is not his accomplice and her testimony against him can suffice to convict him, and the state wins. So either way, the state should win. Alternately, Jones should be found guilty. For if Harris is his accomplice, then he is the principal; and if she is not his accomplice, then her evidence against him suffices to convict him. So either way he should be convicted. Jones also argues that he will be found guilty or not guilty. If not guilty, then he should walk; if guilty, then Harris is his accomplice and her testimony against him is legally insufficient, and he should walk. So either way, he should walk. Alternately, Jones argues that he should be acquitted. If Harris is his accomplice, then her evidence against him is legally insufficient to convict him; and if she is not his accomplice, then he is not the principal. So either way he should not be convicted. On the prosecutor's argument, it should not matter whether Harris was ruled to be Jones' accomplice or not. On Jones' argument, it should not matter either. But the judge did not instruct the jury that Harris simply was, or that she simply was not Jones' accomplice. The judge told the jury to find Harris to be Jones' accomplice if it found Jones to be guilty of performing the abortion. This puts the jury in a position of returning a self- annulling verdict. If they find Jones guilty, then they must find that Harris was his accomplice, then they must find her evidence against Jones insufficient, then they must acquit Jones. But if they find Jones innocent, then they must (at least may) find Harris' evidence legally sufficient, then they must (at least may) convict Jones.[Note 6] By hearing and denying Jones objection, the trial judge was certainly made aware of the paradox latent in the instructions, but he felt no compunction about passing it along unchanged to the jury. The jury found Jones guilty, not guilty-hence-innocent, and not guilty-hence-innocent-hence-guilty.... Jones appealed on the ground that the second instruction was erroneous. The Appellate Court also rejected his claim. It observed that Jones' preferred alternative (that Harris was an accomplice by her own admissions) presupposed Jones' guilt and, accordingly, would violate the presumption of innocence the trial judge was obligated to accord him. Jones' instruction would then lead to a paradox of its own: it would require that he be convicted while at the same time it invalidated the only evidence on which his conviction depended. In a way the higher court found Jones guilty either way, using the dilemma propounded by the state: if Harris is declared an accomplice by the court, then in the same breath Jones is convicted as the principal; if Harris is not declared an accomplice, then her evidence suffices to convict Jones. Jones is guilty if innocent, and innocent if guilty,[Note 7] just as the Liar's statement ("This very statement is false") is false if true, and true if false. Any judgment of Jones' guilt, or of the truth-value of the Liar's statement, will be subject to reversal. In logic, the reversals oscillate ad infinitum unless some steps are taken to pretermit them entirely, e.g. by changing the usual notions of truth-value, proposition, or other parameters of the 133