Titlebook: Legal Fictions in Theory and Practice; Maksymilian Del Mar,William Twining Book 2015 Springer International Publishing Switzerland 2015 Fi

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Is Law a Fiction?ter examines the credibility of such a theory. Much of course depends upon how one defines fiction. However if one adopts Hans Vaihinger’s philosophy of ‘a(chǎn)s if’ as an ‘epistemic attitude’ and applies it, not so much to law as an object in itself, but to the constituent parts of legal knowledge (indi

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Fuller on Legal Fictions: A Benthamic Perspectives rationale for the critique of legal fictions. A second goal of the paper is to investigate the tensions involved in Bentham’s ontology and epistemology, and more specifically the tension between the objectivist and subjectivist Bentham. It is argued that Bentham’s objections to legal fictions were

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枯萎將要

Legal Fictions Revisitedis understood as a largely technical language internal to law and its goals, then that language can be applied without need for recourse to fictions. But if, instead, law’s language is in important ways related to and dependent on ordinary language, then the language of the law may at times frustrat

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Legal Fictions and the Limits of Legal Languageictions or challenging Fuller’s classic taxonomy. But Fuller did more in these essays than propose a definition and a classification system; he also argued that legal fictions are examples of a more general phenomenon found in many systems of specialized language usage. Drawing on work done in the i

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Legal Fictions and Exclusionary Rulesa premise only to secure a particular doctrinal result. On this view, legal fictions lack the generative potential of metaphors, because fictions depend on a truncated causal chain that excludes any consequence other than the doctrinal consequence the fiction was created to license, whereas metaphor

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1572-4395 ehensive coverage of theoretical perspectives on legal ficti.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 pract

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Law’s Fictions, Legal Fictions and Copyright Lawustrian tradition of ontology, provide the theoretical framework for analysing both types of occurrence of fictional objects in legal discourse. This paves the way for a future formal and computational theory of copyright law on the one hand, a ‘computational metaphysics’ of the jurisprudential theory of legal fictions on the other.

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Book 2015al 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