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Legal Fictions In Practice And Legal Science
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Author :Pierre Johannes Jeremia Olivier Publisher :[Rotterdam] : Rotterdam University Press ISBN 13 : Total Pages :192 pages Book Rating :4.F/5 ( download)
Book Synopsis Legal Fictions in Practice and Legal Science by : Pierre Johannes Jeremia Olivier
Download or read book Legal Fictions in Practice and Legal Science written by Pierre Johannes Jeremia Olivier and published by [Rotterdam] : Rotterdam University Press. This book was released on 1975 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Fictions in Theory and Practice by : Maksymilian Del Mar
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.
Book Synopsis Rabbinic Law in Its Roman and Near Eastern Context by : Catherine Hezser
Download or read book Rabbinic Law in Its Roman and Near Eastern Context written by Catherine Hezser and published by Mohr Siebeck. This book was released on 2003 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is the outcome of an international conference ... held at Trinity College, Dublin on Mar. 11-12, 2002."--P. [v].
Download or read book Legal Fictions written by Lon L. Fuller and published by . This book was released on 1986 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Fictions in Private Law by : Liron Shmilovits
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.
Book Synopsis The Legal Fiction of Lowell B. Komie by : Lowell B. Komie
Download or read book The Legal Fiction of Lowell B. Komie written by Lowell B. Komie and published by Swordfish Chicago Publisher. This book was released on 2005 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Louis Auchincloss collections of the 1950s and 1960s, there have been few collections of legal short fiction written by a practicing American lawyer outside the genres of crime and legal thriller fiction. Here is a new collection by Lowell B. Komie of Chicago, published to celebrate his fiftieth year in the practice of law. Lowell B. Komie's first collection of short stories, The Judge's Chambers, was published by the American Bar Association in 1983. It was the first collection of fiction published by the ABA in its more than 100-year history. His second collection, The Lawyer's Chambers and Other Stories, published by Swordfish Chicago in 1995, won the Carl Sandburg Award for fiction from the Friends of the Chicago Public Library. This new collection of twenty-nine stories, The Legal Fiction of Lowell B. Komie, centered in Chicago, brings together many of the stories in those collections with new stories that have been published since the earlier volumes, the latest having been written in 2004.
Book Synopsis Legal Fictions in International Law by : Reece Lewis
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.
Download or read book Legal Fictions written by Jay Wishengrad and published by Woodstock, N.Y. : Overlook Press. This book was released on 1992-08 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The labyrinthine world of lawyers and the law has intrigued and challenged many writers, as this one-of-a-kind collection of 35 short stories by our best contemporary authors proves beyond a reasonable doubt. This outstanding collection includes stories about young lawyers, junior partners, senior partners and name partners; some are successful lawyers, some are struggling through personal or professional crises. International in scope, the collection looks at lawyers and the law around the world; it also includes some of the best humorous pieces ever written about the law." "The law and literature connection has intrigued many writers including Chaucer, Shakespeare, Dostoyevsky, Dickens and Kafka. In his introduction, lawyer and writer Jay Wishingrad explores this connection, discussing its antecedents and its literary and legal proponents today as well as the connection between deconstruction and the Critical Legal Studies movement." "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."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Book Synopsis Legal Fictions, Form #09.071 by : Sovereignty Education and Defense Ministry (SEDM)
Download or read book Legal Fictions, Form #09.071 written by Sovereignty Education and Defense Ministry (SEDM) and published by Sovereignty Education and Defense Ministry (SEDM). This book was released on 2020-02-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons why NONE of our materials may legally be censored and violate NO Google policies, see: https://sedm.org/why-our-materials-cannot-legally-be-censored/
Book Synopsis Law, Ecology, and the Management of Complex Systems by : Tiina Paloniitty
Download or read book Law, Ecology, and the Management of Complex Systems written by Tiina Paloniitty and published by Taylor & Francis. This book was released on 2022-08-19 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
Book Synopsis Fictional Discourse and the Law by : Hans J. Lind
Download or read book Fictional Discourse and the Law written by Hans J. Lind and published by Routledge. This book was released on 2020-04-14 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judging from Experience by : Jeanne Gaakeer
Download or read book Judging from Experience written by Jeanne Gaakeer and published by Edinburgh University Press. This book was released on 2018-12-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Book Synopsis New Directions in Law and Literature by : Elizabeth S. Anker
Download or read book New Directions in Law and Literature written by Elizabeth S. Anker and published by Oxford University Press. This book was released on 2017-05-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.
Book Synopsis Past and Present Interactions in Legal Reasoning and Logic by : Matthias Armgardt
Download or read book Past and Present Interactions in Legal Reasoning and Logic written by Matthias Armgardt and published by Springer. This book was released on 2015-05-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.
Book Synopsis The Philosophy of Law by : Christopher Berry Grey
Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Book Synopsis Circumventing the Law by : Elana Stein Hain
Download or read book Circumventing the Law written by Elana Stein Hain and published by University of Pennsylvania Press. This book was released on 2024-01-20 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.
Download or read book Legal Fictions written by Lon L. Fuller and published by . This book was released on 1967 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
