Legal Fictions in Theory and Practice

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Release : 2015-03-11
Genre : Law
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Book Rating : 324/5 ( reviews)

Legal Fictions in Theory and Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Fictions in Theory and Practice write by Maksymilian Del Mar. This book was released on 2015-03-11. Legal Fictions in Theory and Practice available in PDF, EPUB and Kindle. 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

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Release : 1975
Genre : Fictions (Law).
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Book Rating : /5 ( reviews)

Legal Fictions in Practice and Legal Science - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Fictions in Practice and Legal Science write by Pierre Johannes Jeremia Olivier. This book was released on 1975. Legal Fictions in Practice and Legal Science available in PDF, EPUB and Kindle.

Legal Fictions in Private Law

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Release : 2022-01-06
Genre : Law
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Book Rating : 473/5 ( reviews)

Legal Fictions in Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Fictions in Private Law write by Liron Shmilovits. This book was released on 2022-01-06. Legal Fictions in Private Law available in PDF, EPUB and Kindle. Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.

Fiction and the Languages of Law

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Release : 2018-10-10
Genre : Language Arts & Disciplines
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Book Rating : 825/5 ( reviews)

Fiction and the Languages of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fiction and the Languages of Law write by Karen Petroski. This book was released on 2018-10-10. Fiction and the Languages of Law available in PDF, EPUB and Kindle. 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.

Legal Fictions in International Law

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Release : 2021-06-25
Genre : Law
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Book Rating : 145/5 ( reviews)

Legal Fictions in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Fictions in International Law write by Reece Lewis. This book was released on 2021-06-25. Legal Fictions in International Law available in PDF, EPUB and Kindle. 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.