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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 : 1316519473
Total Pages : 259 pages
Book Rating : 4.3/5 (165 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: Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.
Author : Maksymilian Del Mar
Publisher : Springer
ISBN 13 : 3319092324
Total Pages : 434 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 434 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 : 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 : Harriet Murav
Publisher : University of Michigan Press
ISBN 13 : 0472023330
Total Pages : 274 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 274 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 : Steven Fraade
Publisher : BRILL
ISBN 13 : 900420184X
Total Pages : 648 pages
Book Rating : 4.0/5 (42 download)
Download or read book Legal Fictions written by Steven Fraade and published by BRILL. This book was released on 2011-05-10 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Jewish writings combine interpretive narratives of Israel’s sacred history with legal prescriptions for a divinely ordered way of life. Two ancient Jewish societies have left us extensive textual corpora preserving interpenetrating legal and narrative interpretive teachings: the sectarian community of the Dead Sea Scrolls and the sage-disciple circles of the early Rabbis. This book comprises studies that explore specific aspects of the interplay of interpretative, narrative, and legal rhetoric with an eye to pedagogic function and social formation for each of these communities and for both of them in comparison. It addresses questions of how best to approach these writings for purposes of historical retrieval and reconstruction by recognizing the inseparability of literary-rhetorical textual analysis and a non-reductive historiography.
Author : Trish Ferguson
Publisher : Edinburgh University Press
ISBN 13 : 0748673253
Total Pages : 192 pages
Book Rating : 4.7/5 (486 download)
Download or read book Thomas Hardy's Legal Fictions written by Trish Ferguson and published by Edinburgh University Press. This book was released on 2013-08-20 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores Thomas Hardy's engagement with Victorian legal debates in his prose fiction. Thomas Hardy's fiction is examined in this book in the context of the seismic legal reforms of the nineteenth century as well as legal discourse in the literature of the era. The book examines the ways in which Hardy's role as a magistrate and his interest in the law impacted fundamentally on his prose fiction. It demonstrates that throughout his prose fiction Hardy engages with contentious legal issues that were debated by legal professionals and literary figures of his day, and argues that Hardy used fiction as a forum to question the extent to which legal reform improved the lives of women and the working classes.The study also looks at the ways in which Hardy deployed criminal plots derived from sensation fiction and reveals that the genre's engagement with legal reform influenced not only his sensation novel Desperate Remedies (1871) but also the plots of his subsequent fiction.
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 : Steven Fraade
Publisher : BRILL
ISBN 13 : 9004201092
Total Pages : 649 pages
Book Rating : 4.0/5 (42 download)
Download or read book Legal Fictions written by Steven Fraade and published by BRILL. This book was released on 2011-05-10 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kamari Maxine Clarke
Publisher : Cambridge University Press
ISBN 13 : 0521889103
Total Pages : 353 pages
Book Rating : 4.5/5 (218 download)
Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.
Author : Alison L. LaCroix
Publisher : Oxford University Press
ISBN 13 : 0190610786
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)
Download or read book Fatal Fictions written by Alison L. LaCroix and published by Oxford University Press. This book was released on 2017 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.
Author : Jonathan Kertzer
Publisher : Cambridge University Press
ISBN 13 : 0521196450
Total Pages : 179 pages
Book Rating : 4.5/5 (211 download)
Download or read book Poetic Justice and Legal Fictions written by Jonathan Kertzer and published by Cambridge University Press. This book was released on 2010-03-25 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a wide variety of texts including Shakespeare's plays, Gilbert and Sullivan's operas, and modernist poetics, Poetic Justice and Legal Fictions explores how literary laws and values illuminate and challenge the jurisdiction of justice and the law.
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 : Melissa J. Ganz
Publisher : University of Virginia Press
ISBN 13 : 0813942438
Total Pages : 452 pages
Book Rating : 4.8/5 (139 download)
Download or read book Public Vows written by Melissa J. Ganz and published by University of Virginia Press. This book was released on 2019-06-20 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: In eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognized ways and that novels, in turn, played a central role in the debates. Like many legal and social thinkers of their day, novelists such as Daniel Defoe, Samuel Richardson, Frances Burney, Eliza Fenwick, and Amelia Opie imagine marriage as a public institution subject to regulation by church and state rather than a private agreement between two free individuals. Through recurring scenes of infidelity, fraud, and coercion as well as experiments with narrative form, these writers show the practical and ethical problems that result when couples attempt to establish and dissolve unions simply by exchanging consent. Even as novelists seek to shore up the legal regulation of marriage, however, they contest the specific forms that these regulations take. In recovering novelists’ engagements with the nuptial controversies of the Enlightenment, Public Vows challenges longstanding accounts of domestic fiction as contributing to sharp divisions between public and private life and as supporting the traditional, patriarchal family. At the same time, the book counters received views of law and literature, highlighting fiction’s often simultaneous affirmations and critiques of legal authority.
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:
