Legal Fictions In Theory And Practice
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Legal Fictions In Theory And Practice
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Author : Maksymilian Del Mar
language : en
Publisher: Springer
Release Date : 2015-03-11
Legal Fictions In Theory And Practice written by Maksymilian Del Mar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-11 with Law categories.
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 International Law
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Author : Reece Lewis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
Legal Fictions In International Law written by Reece Lewis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Law categories.
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.
Fictional Discourse And The Law
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Author : Hans J. Lind
language : en
Publisher: Routledge
Release Date : 2020-04-14
Fictional Discourse And The Law written by Hans J. Lind and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-14 with Law categories.
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
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Author : Karla FC Holloway
language : en
Publisher: Duke University Press
Release Date : 2013-12-16
Legal Fictions written by Karla FC Holloway and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-16 with Law categories.
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.
Artefacts Of Legal Inquiry
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Author : Maksymilian Del Mar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
Artefacts Of Legal Inquiry written by Maksymilian Del Mar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
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.
The Performance Of Law
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Author : Randy Gordon
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-19
The Performance Of Law written by Randy Gordon and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-19 with Law categories.
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.
Legal Fictions In Private Law
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Author : Liron Shmilovits
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-06
Legal Fictions In Private Law written by Liron Shmilovits and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-06 with Law categories.
Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.
New Directions In Law And Literature
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Author : Elizabeth Susan Anker
language : en
Publisher: Oxford University Press
Release Date : 2017
New Directions In Law And Literature written by Elizabeth Susan Anker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This collection of essays by twenty-two prominent scholars from literature departments and law schools showcases the vibrancy of recent work in law and literature and highlights its many new directions since the field's heyday in the 1970s and 80s.
States Firms And Their Legal Fictions
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Author : Melissa J. Durkee
language : en
Publisher:
Release Date : 2024-02-28
States Firms And Their Legal Fictions written by Melissa J. Durkee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-28 with Law categories.
This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like "personhood" that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
Comparative Methods In Law Humanities And Social Sciences
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Author : Adams, Maurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-19
Comparative Methods In Law Humanities And Social Sciences written by Adams, Maurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-19 with Law categories.
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.