Legal Fictions In Private Law

Author : Liron Shmilovits
Publisher : Unknown
Page : 235 pages
File Size : 40,5 Mb
Release : 2022
Category : Fictions (Law)
ISBN : 1009010557

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Legal Fictions in Private Law by Liron Shmilovits Pdf

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

Author : Liron Shmilovits
Publisher : Cambridge University Press
Page : 259 pages
File Size : 54,8 Mb
Release : 2022-01-06
Category : Law
ISBN : 9781009021128

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Legal Fictions in Private Law by Liron Shmilovits Pdf

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

Author : Reece Lewis
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 53,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800379145

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Legal Fictions in International Law by Reece Lewis Pdf

This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.

Author : Liron Shmilovits
Publisher : Cambridge University Press
Page : 259 pages
File Size : 48,7 Mb
Release : 2022-01-06
Category : Law
ISBN : 9781316519479

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Legal Fictions in Private Law by Liron Shmilovits Pdf

Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.

Author : Jay Wishengrad
Publisher : Harry N. Abrams
Page : 436 pages
File Size : 42,5 Mb
Release : 1994-05-01
Category : Fiction
ISBN : 0879515406

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Legal Fictions by Jay Wishengrad Pdf

Essential reading for literary lawyers as well as the general reader, Legal Fictions is a comprehensive and entertaining literary look at a perennially fascinating and controversial subject - lawyers and the law.

Author : Karla FC Holloway
Publisher : Duke University Press
Page : 176 pages
File Size : 49,5 Mb
Release : 2013-12-16
Category : Law
ISBN : 9780822377054

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Legal Fictions by Karla FC Holloway Pdf

In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.

Author : Lon L. Fuller
Publisher : Unknown
Page : 142 pages
File Size : 49,7 Mb
Release : 1986
Category : Law
ISBN : 0804703272

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Legal Fictions by Lon L. Fuller Pdf

Author : Alfred Laurence Polak
Publisher : Unknown
Page : 127 pages
File Size : 51,5 Mb
Release : 1945
Category : Law
ISBN : LCCN:46002095

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Legal Fictions by Alfred Laurence Polak Pdf

Author : Peter Goodrich,Thanos Zartaloudis
Publisher : Routledge
Page : 179 pages
File Size : 55,8 Mb
Release : 2021-06-28
Category : Law
ISBN : 9781000396904

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The Cabinet of Imaginary Laws by Peter Goodrich,Thanos Zartaloudis Pdf

Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Progressive legal and political thinking has for long lacked a positive, let alone a bold imaginary project, an account of what improved institutions and an ameliorated environment would look like. And where better to start than with the non-laws or imaginary legislations of a realm yet to come. The Cabinet of Imaginary Laws is a collection of fictive contributions to the theme of conceiving imaginary laws in the vivid vein of jurisliterary invention. Disparate in style and diverse in genres of writing and performative expression, the celebrated and unknown, venerable and youthful authors write new laws. Thirty-five dissolute scholars, impecunious authors and dyspeptic artists from a variety of fields including law, film, science, history, philosophy, political science, aesthetics, architecture and the classics become, for a brief and inspiring instance, legislators of impossible norms. The collection provides an extra-ordinary range of inspired imaginings of other laws. This momentary community of radial thought conceives of a wild variety of novel critical perspectives. The contributions aim to inspire reflection on the role of imagination in the study and writing of law. Verse, collage, artworks, short stories, harangues, lists, and other pleas, reports and pronouncements revivify the sense of law as the vehicle of poetic justice and as an art that instructs and constructs life. Aimed at an intellectual audience disgruntled with the negativity of critique and the narrowness of the disciplines, this book will appeal especially to theorists, lawyers, scholars and a general public concerned with the future of decaying laws and an increasingly derelict legal system.

Author : Lon L. Fuller
Publisher : Unknown
Page : 142 pages
File Size : 48,9 Mb
Release : 1967
Category : Fictions (Law)
ISBN : 0804703280

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Legal Fictions by Lon L. Fuller Pdf

Author : Jay Wishingrad
Publisher : Unknown
Page : 402 pages
File Size : 48,7 Mb
Release : 1995
Category : Legal stories
ISBN : 0704302500

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Legal Fictions by Jay Wishingrad Pdf

Thirty-five stories covering themes of guilt and innocence, morality and legality. By authors that include Margaret Atwood, Franz Kafka, Nadine Gordimer and Graham Greene.

Author : Jorge L. Esquirol
Publisher : Unknown
Page : 283 pages
File Size : 45,8 Mb
Release : 2019
Category : Comparative law
ISBN : 1316630927

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Ruling the Law by Jorge L. Esquirol Pdf

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 413 pages
File Size : 49,8 Mb
Release : 2015-03-11
Category : Law
ISBN : 9783319092324

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Legal Fictions in Theory and Practice by Maksymilian Del Mar,William Twining Pdf

This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Author : Robin West
Publisher : Routledge
Page : 553 pages
File Size : 50,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351556033

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Nussbaum and Law by Robin West Pdf

The essays collected in this volume reflect the profound impact of Martha Nussbaum‘s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law‘s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum‘s philosophical oeuvre.

Author : Martin Boodman,John E. C. Brierley,Roderick A. Macdonald
Publisher : Emond Montgomery
Page : 728 pages
File Size : 53,7 Mb
Release : 1993
Category : Civil law
ISBN : 0920722474

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Quebec Civil Law by Martin Boodman,John E. C. Brierley,Roderick A. Macdonald Pdf