Legal Fictions

Legal Fictions

Author: Lon Luvois Fuller

Publisher: Stanford, Calif. : Stanford University Press

Published: 1967

Total Pages: 164

ISBN-13:

DOWNLOAD EBOOK


Legal Fictions in Private Law

Legal Fictions in Private Law

Author: Liron Shmilovits

Publisher: Cambridge University Press

Published: 2022-01-06

Total Pages: 259

ISBN-13: 1316519473

DOWNLOAD EBOOK

Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.


Legal Fictions in Theory and Practice

Legal Fictions in Theory and Practice

Author: Maksymilian Del Mar

Publisher: Springer

Published: 2015-03-11

Total Pages: 434

ISBN-13: 3319092324

DOWNLOAD EBOOK

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

Legal Fictions

Author: Jay Wishengrad

Publisher: Harry N. Abrams

Published: 1994-05-01

Total Pages: 436

ISBN-13: 9780879515409

DOWNLOAD EBOOK

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.


Legal Fictions

Legal Fictions

Author: Karla FC Holloway

Publisher: Duke University Press

Published: 2013-12-16

Total Pages: 176

ISBN-13: 0822377055

DOWNLOAD EBOOK

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.


Legal Fictions

Legal Fictions

Author: Steven Fraade

Publisher: BRILL

Published: 2011-05-10

Total Pages: 648

ISBN-13: 900420184X

DOWNLOAD EBOOK

Ancient Jewish writings combine interpretive narratives of Israel’s sacred history with legal prescriptions for a divinely ordered way of life. Two ancient Jewish societies have left us extensive textual corpora preserving interpenetrating legal and narrative interpretive teachings: the sectarian community of the Dead Sea Scrolls and the sage-disciple circles of the early Rabbis. This book comprises studies that explore specific aspects of the interplay of interpretative, narrative, and legal rhetoric with an eye to pedagogic function and social formation for each of these communities and for both of them in comparison. It addresses questions of how best to approach these writings for purposes of historical retrieval and reconstruction by recognizing the inseparability of literary-rhetorical textual analysis and a non-reductive historiography.


Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law

Author: Steven D. Smith

Publisher: University of Notre Dame Pess

Published: 2021-09-15

Total Pages: 349

ISBN-13: 0268201196

DOWNLOAD EBOOK

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.


Legal Fictions

Legal Fictions

Author: Steven Fraade

Publisher: BRILL

Published: 2011-05-10

Total Pages: 649

ISBN-13: 9004201092

DOWNLOAD EBOOK

Drawing on the ancient writings of the Dead Sea Scrolls and early rabbinic Judaism, this book comprises studies that explore the intersections of scriptural interpretation, narrative fiction, and legal rhetoric. It proposes and models methods of a non-reductive historiography for each of these communities and for both of them in comparison.


Fatal Fictions

Fatal Fictions

Author: Alison L. LaCroix

Publisher: Oxford University Press

Published: 2017

Total Pages: 345

ISBN-13: 0190610786

DOWNLOAD EBOOK

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.


Fictions of Justice

Fictions of Justice

Author: Kamari Maxine Clarke

Publisher: Cambridge University Press

Published: 2009-05-25

Total Pages: 353

ISBN-13: 0521889103

DOWNLOAD EBOOK

This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.