Legal Fictions in Practice and Legal Science
Author | : Pierre Johannes Jeremia Olivier |
Publisher | : [Rotterdam] : Rotterdam University Press |
Total Pages | : 192 |
Release | : 1975 |
Genre | : Fictions (Law). |
ISBN | : |
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Author | : Pierre Johannes Jeremia Olivier |
Publisher | : [Rotterdam] : Rotterdam University Press |
Total Pages | : 192 |
Release | : 1975 |
Genre | : Fictions (Law). |
ISBN | : |
Author | : Maksymilian Del Mar |
Publisher | : Springer |
Total Pages | : 434 |
Release | : 2015-03-11 |
Genre | : Law |
ISBN | : 3319092324 |
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 | : Catherine Hezser |
Publisher | : Mohr Siebeck |
Total Pages | : 336 |
Release | : 2003 |
Genre | : Religion |
ISBN | : 9783161480713 |
"This volume is the outcome of an international conference ... held at Trinity College, Dublin on Mar. 11-12, 2002."--P. [v].
Author | : Lowell B. Komie |
Publisher | : Swordfish Chicago Publisher |
Total Pages | : 316 |
Release | : 2005 |
Genre | : Legal stories, American |
ISBN | : 9780964195752 |
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.
Author | : Jay Wishengrad |
Publisher | : Harry N. Abrams |
Total Pages | : 436 |
Release | : 1994-05-01 |
Genre | : Fiction |
ISBN | : 9780879515409 |
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 | : Lon L. Fuller |
Publisher | : |
Total Pages | : 142 |
Release | : 1986 |
Genre | : Law |
ISBN | : 9780804703277 |
Author | : Liron Shmilovits |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2022-01-06 |
Genre | : Law |
ISBN | : 1009021125 |
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 | : Hans J. Lind |
Publisher | : Routledge |
Total Pages | : 235 |
Release | : 2020-04-14 |
Genre | : Law |
ISBN | : 0429887612 |
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.