Legal Fictions In Private Law

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Legal Fictions in Private Law

Author : Liron Shmilovits
Publisher : Cambridge University Press
ISBN 13 : 1009021125
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)

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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.

Legal Fictions in Private Law

Author : Liron Shmilovits
Publisher :
ISBN 13 : 9781009010559
Total Pages : 235 pages
Book Rating : 4.0/5 (15 download)

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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 . This book was released on 2022 with total page 235 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.

Legal Fictions in Private Law

Author : Liron Shmilovits
Publisher : Cambridge University Press
ISBN 13 : 1316519473
Total Pages : 259 pages
Book Rating : 4.3/5 (165 download)

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

Legal Fictions in International Law

Author : Reece Lewis
Publisher : Edward Elgar Publishing
ISBN 13 : 1800379145
Total Pages : 200 pages
Book Rating : 4.8/5 (3 download)

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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.

Legal Fictions

Author : Jay Wishengrad
Publisher : Harry N. Abrams
ISBN 13 : 9780879515409
Total Pages : 436 pages
Book Rating : 4.5/5 (154 download)

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Book Synopsis Legal Fictions by : Jay Wishengrad

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.

Legal Fictions

Author : Karla FC Holloway
Publisher : Duke University Press
ISBN 13 : 0822377055
Total Pages : 176 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Legal Fictions by : Karla FC Holloway

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.

The Cabinet of Imaginary Laws

Author : Peter Goodrich
Publisher : Routledge
ISBN 13 : 1000396908
Total Pages : 179 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Cabinet of Imaginary Laws by : Peter Goodrich

Download or read book The Cabinet of Imaginary Laws written by Peter Goodrich and published by Routledge. This book was released on 2021-06-28 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Fictions in Theory and Practice

Author : Maksymilian Del Mar
Publisher : Springer
ISBN 13 : 3319092324
Total Pages : 413 pages
Book Rating : 4.3/5 (19 download)

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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.

Ruling the Law

Author : Jorge L. Esquirol
Publisher :
ISBN 13 : 9781316630921
Total Pages : 283 pages
Book Rating : 4.6/5 (39 download)

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Book Synopsis Ruling the Law by : Jorge L. Esquirol

Download or read book Ruling the Law written by Jorge L. Esquirol and published by . This book was released on 2019 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Private Bodies, Public Texts

Author : Karla FC Holloway
Publisher : Duke University Press
ISBN 13 : 0822349175
Total Pages : 253 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Private Bodies, Public Texts by : Karla FC Holloway

Download or read book Private Bodies, Public Texts written by Karla FC Holloway and published by Duke University Press. This book was released on 2011-03-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bioethical study of privacy violations experienced by black and female subjects within the American medical system.

The Foundations of Anglo-American Corporate Fiduciary Law

Author : David Kershaw
Publisher : Cambridge University Press
ISBN 13 : 1108651135
Total Pages : 549 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Foundations of Anglo-American Corporate Fiduciary Law by : David Kershaw

Download or read book The Foundations of Anglo-American Corporate Fiduciary Law written by David Kershaw and published by Cambridge University Press. This book was released on 2018-08-23 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

Quebec Civil Law

Author : Martin Boodman
Publisher : Emond Montgomery
ISBN 13 : 9780920722473
Total Pages : 728 pages
Book Rating : 4.7/5 (224 download)

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Book Synopsis Quebec Civil Law by : Martin Boodman

Download or read book Quebec Civil Law written by Martin Boodman and published by Emond Montgomery. This book was released on 1993 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making and Unmaking Intellectual Property

Author : Mario Biagioli
Publisher : University of Chicago Press
ISBN 13 : 022617249X
Total Pages : 476 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Making and Unmaking Intellectual Property by : Mario Biagioli

Download or read book Making and Unmaking Intellectual Property written by Mario Biagioli and published by University of Chicago Press. This book was released on 2015-07-31 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Legal Fictions

Author : Lon L. Fuller
Publisher :
ISBN 13 : 9780804703277
Total Pages : 142 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Legal Fictions by : Lon L. Fuller

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:

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Author : Rasmus Dalgaard Laustsen
Publisher : Springer Nature
ISBN 13 : 3030263509
Total Pages : 435 pages
Book Rating : 4.0/5 (32 download)

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

Download or read book The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions written by Rasmus Dalgaard Laustsen and published by Springer Nature. This book was released on 2019-11-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Lies

Author : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 1316368971
Total Pages : 345 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Law and Lies by : Austin Sarat

Download or read book Law and Lies written by Austin Sarat and published by Cambridge University Press. This book was released on 2015-07-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has a strangely complicated relationship to deception. Though it sometimes takes a hard line on behalf of truth - 'the truth, the whole truth, and nothing but the truth' - competing values often cause law to look the other way. How and why is lying alternately accepted, condemned, or prosecuted? What are the government's interests in allowing or disallowing lying? Law and Lies is the first book to thematically address the role of lying in the American legal system. Undercover police agents are permitted to lie in the name of catching criminals, and government officials are permitted to lie in service of national security. In the case of the military's 'Don't ask, don't tell' policy, lying was not only permitted, but actively encouraged. A range of illuminating case studies reveal that the government's tolerance of deception is rarely as simple as the 'whole truth'.

Ancient Law

Author : Henry Sumner Maine
Publisher :
ISBN 13 :
Total Pages : 462 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Ancient Law by : Henry Sumner Maine

Download or read book Ancient Law written by Henry Sumner Maine and published by . This book was released on 1887 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his preface, Maine defines his scope: "...the chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, & to point out the relation of these ideas to modern thought."