Legal Fictions In Theory And Practice

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 434 pages
File Size : 44,9 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 : Pierre Johannes Jeremia Olivier
Publisher : [Rotterdam] : Rotterdam University Press
Page : 192 pages
File Size : 40,7 Mb
Release : 1975
Category : Fictions (Law).
ISBN : STANFORD:36105044070717

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Legal Fictions in Practice and Legal Science by Pierre Johannes Jeremia Olivier Pdf

Author : Karen Petroski
Publisher : Routledge
Page : 8 pages
File Size : 41,8 Mb
Release : 2018-10-10
Category : Language Arts & Disciplines
ISBN : 9781351163828

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Fiction and the Languages of Law by Karen Petroski Pdf

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Author : Liron Shmilovits
Publisher : Cambridge University Press
Page : 259 pages
File Size : 45,7 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 : 52,7 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 : Hans J. Lind
Publisher : Routledge
Page : 235 pages
File Size : 51,9 Mb
Release : 2020-04-14
Category : Law
ISBN : 9780429887611

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Fictional Discourse and the Law by Hans J. Lind Pdf

Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.

Author : Liron Shmilovits
Publisher : Unknown
Page : 235 pages
File Size : 53,5 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 : 42,8 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 : Steven Fraade
Publisher : BRILL
Page : 648 pages
File Size : 50,8 Mb
Release : 2011-05-10
Category : Religion
ISBN : 9789004201842

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Legal Fictions by Steven Fraade Pdf

Drawing on the ancient writings of the Dead Sea Scrolls and early rabbinic Judaism, this book comprises studies that explore the intersections of scriptural interpretation, narrative fiction, and legal rhetoric. It proposes and models methods of a non-reductive historiography for each of these communities and for both of them in comparison.

Author : Melissa J. Durkee
Publisher : Cambridge University Press
Page : 303 pages
File Size : 54,7 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781009334679

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States, Firms, and their Legal Fictions by Melissa J. Durkee Pdf

Corporations and states are creatures of law that claim rights, trade roles, and avoid responsibility based on legal concepts in international and domestic law. Using the concept of "attribution" as a touchstone, this cross-disciplinary book explores the law's diverse ways of constructing the identities and responsibilities of firms and states.

Author : Randy Gordon
Publisher : Taylor & Francis
Page : 227 pages
File Size : 42,5 Mb
Release : 2022-08-19
Category : Law
ISBN : 9781000637397

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The Performance of Law by Randy Gordon Pdf

This book considers how law is always enacted, or performed, in ways that can be analyzed in relation to fiction, theatre, and other dramatic forms. Of necessity, lawyers and judges need to devise techniques to make rules respond situationally. The performance of law supplements, or it extends the reach of, the law-as-written. And, in this respect, the act of lawyering is in many ways an instantiation of acts often associated with, for example, literature and the plastic and performing arts. Combining legal theory and legal practice, this book maintains that the modes of enquiry found in, and applied to, novels, paintings, and plays can help us understand how things like legal arguments and trials work—or don’t. As such, and through the examination of a wide range of both historical and fictional legal cases, the book pursues an interdisciplinary analysis of how law is performed; and, moreover, how legal performances can be accomplished ethically. This book will appeal to scholars and students in sociolegal studies, legal theory, and jurisprudence, as well as those teaching and training in legal practice.

Author : Rasmus Dalgaard Laustsen
Publisher : Springer Nature
Page : 435 pages
File Size : 49,8 Mb
Release : 2019-11-06
Category : Law
ISBN : 9783030263508

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The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions by Rasmus Dalgaard Laustsen Pdf

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

Author : Lon L. Fuller
Publisher : Unknown
Page : 142 pages
File Size : 49,6 Mb
Release : 1986
Category : Law
ISBN : 0804703272

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Legal Fictions by Lon L. Fuller Pdf

Author : Hans-Christoph Schmidt am Busch,Daniel Halliday,Thomas Gutmann
Publisher : Taylor & Francis
Page : 244 pages
File Size : 53,8 Mb
Release : 2022-09-21
Category : Law
ISBN : 9781000645842

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Inheritance and the Right to Bequeath by Hans-Christoph Schmidt am Busch,Daniel Halliday,Thomas Gutmann Pdf

In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.

Author : Maksymilian Del Mar
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 55,6 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509936182

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Artefacts of Legal Inquiry by Maksymilian Del Mar Pdf

What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.