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Author : Lon Luvois Fuller
Publisher : Stanford, Calif. : Stanford University Press
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (43 download)
Download or read book Legal Fictions written by Lon Luvois Fuller and published by Stanford, Calif. : Stanford University Press. This book was released on 1967 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Liron Shmilovits
Publisher : Cambridge University Press
ISBN 13 : 1009021125
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)
Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Karla FC Holloway
Publisher : Duke University Press
ISBN 13 : 0822377055
Total Pages : 176 pages
Book Rating : 4.8/5 (223 download)
Download or read book Legal Fictions written by Karla FC Holloway and published by Duke University Press. This book was released on 2013-12-16 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jay Wishengrad
Publisher : Harry N. Abrams
ISBN 13 : 9780879515409
Total Pages : 436 pages
Book Rating : 4.5/5 (154 download)
Download or read book Legal Fictions written by Jay Wishengrad and published by Harry N. Abrams. This book was released on 1994-05-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Maksymilian Del Mar
Publisher : Springer
ISBN 13 : 3319092324
Total Pages : 413 pages
Book Rating : 4.3/5 (19 download)
Download or read book Legal Fictions in Theory and Practice written by Maksymilian Del Mar and published by Springer. This book was released on 2015-03-11 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Harriet Murav
Publisher : University of Michigan Press
ISBN 13 : 0472023330
Total Pages : 280 pages
Book Rating : 4.4/5 (72 download)
Download or read book Russia's Legal Fictions written by Harriet Murav and published by University of Michigan Press. This book was released on 2010-05-18 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and literary critics have shown the significance of storytelling, not only as part of the courtroom procedure, but as part of the very foundation of law. Russia's Legal Fictions examines the relationship between law, narrative and authority in nineteenth- and twentieth-century Russia. The conflict between the Russian writer and the law is a well-known feature of Russian literary life in the past two centuries. With one exception, the authors discussed in this book--Sukhovo-Kobylin, Akhsharumov, Suvorin, and Dostoevsky in the nineteenth century and Solzhenitsyn and Siniavskii in the twentieth--were all put on trial. In Russia's Legal Fictions, Harriet Murav starts with the authors' own writings about their experience with law and explores the history of these Russian literary trials, including censorship, libel cases, and one case of murder, in their specific historical context, showing how particular aspects of the culture of the time relate to the case. The book explores the specifically Russian literary and political conditions in which writers claim the authority not only as the authors of fiction but as lawgivers in the realm of the real, and in which the government turns to the realm of the literary to exercise its power. The author uses specific aspects of Russian culture, history and literature to consider broader theoretical questions about the relationship between law, narrative, and authority. Murav offers a history of the reception of the jury trial and the development of a professional bar in late Imperial Russia as well as an exploration of theories of criminality, sexuality, punishment, and rehabilitation in Imperial and Soviet Russia. This book will be of interest to scholars of law and literature and Russian law, history and culture. Harriet Murav is Associate Professor of Russian and Comparative Literature, University of California at Davis.
Author : William P. MacNeil
Publisher : Routledge
ISBN 13 : 1134046723
Total Pages : 224 pages
Book Rating : 4.1/5 (34 download)
Download or read book Novel Judgements written by William P. MacNeil and published by Routledge. This book was released on 2011-09-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.
Author : Reece Lewis
Publisher : Edward Elgar Publishing
ISBN 13 : 1800379145
Total Pages : 200 pages
Book Rating : 4.8/5 (3 download)
Download or read book Legal Fictions in International Law written by Reece Lewis and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Steven D. Smith
Publisher : University of Notre Dame Pess
ISBN 13 : 0268201196
Total Pages : 349 pages
Book Rating : 4.2/5 (682 download)
Download or read book Fictions, Lies, and the Authority of Law written by Steven D. Smith and published by University of Notre Dame Pess. This book was released on 2021-09-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.
Author : Kathy Eden
Publisher : Princeton University Press
ISBN 13 : 1400858321
Total Pages : 210 pages
Book Rating : 4.4/5 (8 download)
Download or read book Poetic and Legal Fiction in the Aristotelian Tradition written by Kathy Eden and published by Princeton University Press. This book was released on 2014-07-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Philip Sidney defends poetry by defending the methods used by poets and lawyers alike, he relies on the traditional association between fiction and legal procedure--an association that begins with Aristotle. In this study Kathy Eden offers a new understanding of this tradition, from its origins in Aristotle's Poetics and De Anima, through its development in the psychological and rhetorical theory of late antiquity and the Middle Ages, to its culmination in the literary theory of the Renaissance. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Lawrence Fox
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.F/5 ( download)
Download or read book The Ethics of Representing Organizations written by Lawrence Fox and published by Oxford University Press, USA. This book was released on 2009-09-17 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legal representation of an organization is rarely as straightforward as representing a single person. The client in such cases is a construct--a legal fiction--that often operates through many individuals with different roles, views, and interests, and therefore requires an attorney to consider any number of special professional-responsibility issues. [This] is the first book to practically address ethics within the special contest of representing entities"--Provided by publisher.
Author : L. H. LaRue
Publisher : Penn State Press
ISBN 13 : 0271039272
Total Pages : 172 pages
Book Rating : 4.2/5 (71 download)
Download or read book Constitutional Law as Fiction written by L. H. LaRue and published by Penn State Press. This book was released on 2010-11-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Chandan Pandey
Publisher : Harper Collins
ISBN 13 : 9354224466
Total Pages : 119 pages
Book Rating : 4.3/5 (542 download)
Download or read book Legal Fiction written by Chandan Pandey and published by Harper Collins. This book was released on 2021-07-02 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is like Kafka in Deoria. Or Camus in the cow belt. But more accurate to say that Legal Fiction is an urgent, literary report about how truth goes missing in our land. I read it with a racing heart. -- Amitava Kumar, author of The Lovers Chandan Pandey goes looking for the story that lurks just out of sight, getting under the skin of news headlines and extracting a story that is as compelling as it is devastating. -- Annie Zaidi, author of Prelude to a Riot Chandan Pandey has written a brilliant, gripping political novel. Legal Fiction is a nuanced, absorbing snapshot of our times -- it captures the minefield of hate politics, the intricate almost invisible fault-lines in relationships, and the power of art in imagining a better society. -- Meena Kandasamy, author of When I Hit You The Hindi novel was already destined to be a marker for this era. Now this translation fills a big gap, for no work originally written in English in India has scratched the surface of what Legal Fiction approaches the cold, dark centre of. Here, in the form of a thriller and the tone of an elegy, is a sharp look at a terrifying Indian -ism and the currents against it. Be ready for a heart of darkness. -- Tanuj Solanki, author of Diwali in Muzaffarnagar Legal fiction: A rule assuming as true something that is clearly false. Often used to get around the provisions of constitutions and legal codes. A late-night phone call from his ex-girlfriend Anasuya forces writer Arjun Kumar to leave his wife and home in Delhi and travel to the mofussil town of Noma on the UP-Bihar border. The reason -- Anasuya's husband, Rafique Neel, a college professor and theatre director, has mysteriously disappeared. Soon after he arrives, Arjun realizes that things are not as they seem: the police are refusing to register a missing-persons case, Rafique's student Janaki has also disappeared, and the locals are determined to turn it into a case of 'love jihad'. And when Arjun begins to dig deeper, what he finds endangers him and everyone around him. Inspired by true events from today's India, Legal Fiction is a brilliant existential thriller and a chilling parable of our times.
Author : Marc H. Greenberg
Publisher : American Bar Association
ISBN 13 : 9781641058858
Total Pages : 263 pages
Book Rating : 4.0/5 (588 download)
Download or read book Fandom and the Law written by Marc H. Greenberg and published by American Bar Association. This book was released on 2022-05-02 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analysis based on the two major iterations of copyright law, the 1909 Act and the 1976 Act"--
Author : Nicole Rogers
Publisher : Routledge
ISBN 13 : 0429878524
Total Pages : 271 pages
Book Rating : 4.4/5 (298 download)
Download or read book Law, Fiction and Activism in a Time of Climate Change written by Nicole Rogers and published by Routledge. This book was released on 2019-08-14 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
Author : Elizabeth Ferrars
Publisher : Murder Room
ISBN 13 : 1471907139
Total Pages : 224 pages
Book Rating : 4.4/5 (719 download)
Download or read book A Legal Fiction written by Elizabeth Ferrars and published by Murder Room. This book was released on 2014-03-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Decayed Gentlewoman', Colin and Ginny had called her as children - a disregarded painting badly in need of cleaning, which later vanished. But the 'Decayed Gentlewoman' re-entered their grown-up lives with a bang. The manner of its reappearance sparked a train of suspicion about the true nature of past events. And now Dr Colin Locke, with his childhood emotions vividly reawakened, finds himself drawn into a maze of theft, legal complexities and murder.
Author : John Grisham
Publisher : Vintage
ISBN 13 : 0385535252
Total Pages : 498 pages
Book Rating : 4.3/5 (855 download)
Download or read book The Litigators written by John Grisham and published by Vintage. This book was released on 2011-10-25 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NEW YORK TIMES BESTSELLER • After leaving a fast-track legal career and going on a serious bender, David Zinc is sober, unemployed, and desperate enough to take a job at Finley & Figg, a self-described “boutique law firm” that is anything but. Oscar Finley and Wally Figg are in fact just two ambulance chasers who bicker like an old married couple. But now the firm is ready to tackle a case that could make the partners rich—without requiring them to actually practice much law. A class action suit has been brought against Varrick Labs, a pharmaceutical giant with annual sales of $25 billion, alleging that Krayoxx, its most popular drug, causes heart attacks. Wally smells money. All Finley & Figg has to do is find a handful of Krayoxx users to join the suit. It almost seems too good to be true ... and it is. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!
