Author: Pierre Johannes Jeremia Olivier
Publisher: [Rotterdam] : Rotterdam University Press
ISBN:
Category : Fictions (Law).
Languages : en
Pages : 192
Book Description
Legal Fictions in Practice and Legal Science
Author: Pierre Johannes Jeremia Olivier
Publisher: [Rotterdam] : Rotterdam University Press
ISBN:
Category : Fictions (Law).
Languages : en
Pages : 192
Book Description
Publisher: [Rotterdam] : Rotterdam University Press
ISBN:
Category : Fictions (Law).
Languages : en
Pages : 192
Book Description
Rabbinic Law in Its Roman and Near Eastern Context
Author: Catherine Hezser
Publisher: Mohr Siebeck
ISBN: 9783161480713
Category : Religion
Languages : en
Pages : 336
Book Description
"This volume is the outcome of an international conference ... held at Trinity College, Dublin on Mar. 11-12, 2002."--P. [v].
Publisher: Mohr Siebeck
ISBN: 9783161480713
Category : Religion
Languages : en
Pages : 336
Book Description
"This volume is the outcome of an international conference ... held at Trinity College, Dublin on Mar. 11-12, 2002."--P. [v].
Legal Fictions in Theory and Practice
Author: Maksymilian Del Mar
Publisher: Springer
ISBN: 3319092324
Category : Law
Languages : en
Pages : 434
Book Description
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.
Publisher: Springer
ISBN: 3319092324
Category : Law
Languages : en
Pages : 434
Book Description
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 Private Law
Author: Liron Shmilovits
Publisher: Cambridge University Press
ISBN: 1009021125
Category : Law
Languages : en
Pages : 259
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1009021125
Category : Law
Languages : en
Pages : 259
Book Description
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.
Jeremy Bentham
Author: Bhikhu C. Parekh
Publisher: Taylor & Francis
ISBN: 9780415046527
Category : Political Science
Languages : en
Pages : 1112
Book Description
Publisher: Taylor & Francis
ISBN: 9780415046527
Category : Political Science
Languages : en
Pages : 1112
Book Description
Legal Fictions
Author: V. K. Varadachari
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 148
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 148
Book Description
Judging from Experience
Author: Jeanne Gaakeer
Publisher: Edinburgh University Press
ISBN: 1474442501
Category : Law
Languages : en
Pages : 320
Book Description
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Publisher: Edinburgh University Press
ISBN: 1474442501
Category : Law
Languages : en
Pages : 320
Book Description
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Fictional Discourse and the Law
Author: Hans J. Lind
Publisher: Routledge
ISBN: 0429887612
Category : Law
Languages : en
Pages : 244
Book Description
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.
Publisher: Routledge
ISBN: 0429887612
Category : Law
Languages : en
Pages : 244
Book Description
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 in International Law
Author: Reece Lewis
Publisher: Edward Elgar Publishing
ISBN: 1800379145
Category : Law
Languages : en
Pages : 200
Book Description
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.
Publisher: Edward Elgar Publishing
ISBN: 1800379145
Category : Law
Languages : en
Pages : 200
Book Description
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.
Chaucer's "legal Fiction"
Author: Mary Flowers Braswell
Publisher: Fairleigh Dickinson Univ Press
ISBN: 9780838639177
Category : Language Arts & Disciplines
Languages : en
Pages : 178
Book Description
For centuries, Chaucer has been associated with law. This study, however, is concerned less with the overt in Chaucer that concerns law than with the concealed and private: a specific body of materials -- records from the medieval English law courts that the poet evidently read, studied, discussed with colleagues, and then threaded into his texts. This book examines the effects of those documents on the so-called "minor" poems, The House of Fame, and The Canterbury Tales.
Publisher: Fairleigh Dickinson Univ Press
ISBN: 9780838639177
Category : Language Arts & Disciplines
Languages : en
Pages : 178
Book Description
For centuries, Chaucer has been associated with law. This study, however, is concerned less with the overt in Chaucer that concerns law than with the concealed and private: a specific body of materials -- records from the medieval English law courts that the poet evidently read, studied, discussed with colleagues, and then threaded into his texts. This book examines the effects of those documents on the so-called "minor" poems, The House of Fame, and The Canterbury Tales.