Legal Fictions In Theory And Practice

Download Legal Fictions In Theory And Practice full books in PDF, epub, and Kindle. Read online Legal Fictions In Theory And Practice ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

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)

DOWNLOAD NOW!

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.

Legal Fictions in Practice and Legal Science

Author : Pierre Johannes Jeremia Olivier
Publisher : [Rotterdam] : Rotterdam University Press
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

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:

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)

DOWNLOAD NOW!

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.

Fiction and the Languages of Law

Author : Karen Petroski
Publisher : Routledge
ISBN 13 : 1351163825
Total Pages : 8 pages
Book Rating : 4.3/5 (511 download)

DOWNLOAD NOW!

Book Synopsis Fiction and the Languages of Law by : Karen Petroski

Download or read book Fiction and the Languages of Law written by Karen Petroski and published by Routledge. This book was released on 2018-10-10 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fictional Discourse and the Law

Author : Hans J. Lind
Publisher : Routledge
ISBN 13 : 0429887612
Total Pages : 235 pages
Book Rating : 4.4/5 (298 download)

DOWNLOAD NOW!

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.

Legal Fictions

Author : Steven Fraade
Publisher : BRILL
ISBN 13 : 900420184X
Total Pages : 648 pages
Book Rating : 4.0/5 (42 download)

DOWNLOAD NOW!

Book Synopsis Legal Fictions by : Steven Fraade

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: 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.

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)

DOWNLOAD NOW!

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.

Fictions, Lies, and the Authority of Law

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 NOW!

Book Synopsis Fictions, Lies, and the Authority of Law by : Steven D. Smith

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.

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)

DOWNLOAD NOW!

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 Private Law

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

DOWNLOAD NOW!

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.

Artefacts of Legal Inquiry

Author : Maksymilian Del Mar
Publisher : Bloomsbury Publishing
ISBN 13 : 150993619X
Total Pages : 884 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Artefacts of Legal Inquiry by : Maksymilian Del Mar

Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). 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.

Poetic Justice and Legal Fictions

Author : Jonathan Kertzer
Publisher : Cambridge University Press
ISBN 13 : 0521196450
Total Pages : 179 pages
Book Rating : 4.5/5 (211 download)

DOWNLOAD NOW!

Book Synopsis Poetic Justice and Legal Fictions by : Jonathan Kertzer

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.

States, Firms, and their Legal Fictions

Author : Melissa J. Durkee
Publisher : Cambridge University Press
ISBN 13 : 1009334670
Total Pages : 303 pages
Book Rating : 4.0/5 (93 download)

DOWNLOAD NOW!

Book Synopsis States, Firms, and their Legal Fictions by : Melissa J. Durkee

Download or read book States, Firms, and their Legal Fictions written by Melissa J. Durkee and published by Cambridge University Press. This book was released on 2024-03-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Performance of Law

Author : Randy Gordon
Publisher : Taylor & Francis
ISBN 13 : 1000637395
Total Pages : 227 pages
Book Rating : 4.0/5 (6 download)

DOWNLOAD NOW!

Book Synopsis The Performance of Law by : Randy Gordon

Download or read book The Performance of Law written by Randy Gordon and published by Taylor & Francis. This book was released on 2022-08-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Forensic Fictions

Author : Jay Watson
Publisher : University of Georgia Press
ISBN 13 : 0820333654
Total Pages : 290 pages
Book Rating : 4.8/5 (23 download)

DOWNLOAD NOW!

Book Synopsis Forensic Fictions by : Jay Watson

Download or read book Forensic Fictions written by Jay Watson and published by University of Georgia Press. This book was released on 2008-11-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic Fictions is the first book-length critical study of William Faulkner's fictional depictions of the legal vocation and the practice of law. Examining Faulkner's lawyer characters in light of the southern storytelling tradition, Jay Watson argues that the forensic competence of the Faulknerian lawyer is a direct function of his skill as a raconteur. To trace the biographical and historical roots of Faulkner's lifelong preoccupation with the legal profession, Watson draws on contemporary scholarship in narrative, rhetoric, jurisprudence, legal and intellectual history, literary theory, and Lacanian psychoanalysis. His approach yields insightful readings of forensic characters and scenes from such works as "An Odor of Verbena," The Hamlet, "Wild Palms," Absalom, Absalom! and The Reivers. Watson shows the links between storytelling and the competence of Faulkner's legal characters by examining the intertextual logic that connects the two most important lawyers in the Yoknapatawpha fiction: the incompetent Horace Benbow and the more capable Gavin Stevens, whose entrance into Faulkner's oeuvre coincides with Benbow's untimely departure from it. Focusing on the nine novels in which these two characters appear, Watson traces the evolutionary process by which Stevens supplants Benbow. Three of the Stevens novels--Intruder in the Dust, Knight's Gambit, and Requiem for a Nun--from what Watson calls Faulkner's "forensic trilogy" and, when read together, constitute the writer's most sustained investigation of the rhetorical and ethical responsibilities of the lawyer-citizen. Faulkner, Watson argues, saw the forensic figure as a potential hybrid of homo loquens and homo politicus, capable of combing the roles of storyteller, rhetorician, and theatrical performer with those of critic, citizen, and ethical man. As such, this figure served as a provocative authorial surrogate through whom Faulkner could explore diverse and often contradictory aspects of his personal experience, his family background, his cultural heritage, and, most of all, his own artistic use of language.

The Cabinet of Imaginary Laws

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

DOWNLOAD NOW!

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.

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)

DOWNLOAD NOW!

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.