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Author: Lon Luvois Fuller
Publisher: Stanford, Calif. : Stanford University Press
ISBN:
Category : Law
Languages : en
Pages : 164
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Book Description
Author: Lon Luvois Fuller
Publisher: Stanford, Calif. : Stanford University Press
ISBN:
Category : Law
Languages : en
Pages : 164
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Book Description
Author: Maksymilian Del Mar
Publisher: Springer
ISBN: 3319092324
Category : Law
Languages : en
Pages : 413
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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.
Author: Jay Wishengrad
Publisher: Harry N. Abrams
ISBN: 9780879515409
Category : Fiction
Languages : en
Pages : 436
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Book Description
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: Karla FC Holloway
Publisher: Duke University Press
ISBN: 0822377055
Category : Law
Languages : en
Pages : 176
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Book Description
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.
Author: Liron Shmilovits
Publisher: Cambridge University Press
ISBN: 1009021125
Category : Law
Languages : en
Pages : 259
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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.
Author: Reece Lewis
Publisher: Edward Elgar Publishing
ISBN: 1800379145
Category : Law
Languages : en
Pages : 200
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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.
Author: Harriet Murav
Publisher: University of Michigan Press
ISBN: 0472023330
Category : Law
Languages : en
Pages : 280
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Book Description
Legal scholars and literary critics have shown the significance of storytelling, not only as part of the courtroom procedure, but as part of the very foundation of law. Russia's Legal Fictions examines the relationship between law, narrative and authority in nineteenth- and twentieth-century Russia. The conflict between the Russian writer and the law is a well-known feature of Russian literary life in the past two centuries. With one exception, the authors discussed in this book--Sukhovo-Kobylin, Akhsharumov, Suvorin, and Dostoevsky in the nineteenth century and Solzhenitsyn and Siniavskii in the twentieth--were all put on trial. In Russia's Legal Fictions, Harriet Murav starts with the authors' own writings about their experience with law and explores the history of these Russian literary trials, including censorship, libel cases, and one case of murder, in their specific historical context, showing how particular aspects of the culture of the time relate to the case. The book explores the specifically Russian literary and political conditions in which writers claim the authority not only as the authors of fiction but as lawgivers in the realm of the real, and in which the government turns to the realm of the literary to exercise its power. The author uses specific aspects of Russian culture, history and literature to consider broader theoretical questions about the relationship between law, narrative, and authority. Murav offers a history of the reception of the jury trial and the development of a professional bar in late Imperial Russia as well as an exploration of theories of criminality, sexuality, punishment, and rehabilitation in Imperial and Soviet Russia. This book will be of interest to scholars of law and literature and Russian law, history and culture. Harriet Murav is Associate Professor of Russian and Comparative Literature, University of California at Davis.
Author: Kamari Maxine Clarke
Publisher: Cambridge University Press
ISBN: 0521889103
Category : Law
Languages : en
Pages : 353
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Book Description
This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.
Author: Steven D. Smith
Publisher: University of Notre Dame Pess
ISBN: 0268201196
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Lawrence Fox
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 446
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Book Description
"Legal representation of an organization is rarely as straightforward as representing a single person. The client in such cases is a construct--a legal fiction--that often operates through many individuals with different roles, views, and interests, and therefore requires an attorney to consider any number of special professional-responsibility issues. [This] is the first book to practically address ethics within the special contest of representing entities"--Provided by publisher.
