Legal Fictions in Practice and Legal Science
Author: Pierre Johannes Jeremia Olivier
Publisher: [Rotterdam] : Rotterdam University Press
Published: 1975
Total Pages: 192
ISBN-13:
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Author: Pierre Johannes Jeremia Olivier
Publisher: [Rotterdam] : Rotterdam University Press
Published: 1975
Total Pages: 192
ISBN-13:
DOWNLOAD EBOOKAuthor: J. J. Olivier
Publisher:
Published: 1975
Total Pages: 176
ISBN-13:
DOWNLOAD EBOOKAuthor: Maksymilian Del Mar
Publisher: Springer
Published: 2015-03-11
Total Pages: 434
ISBN-13: 3319092324
DOWNLOAD EBOOKThis 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: Lowell B. Komie
Publisher: Swordfish Chicago Publisher
Published: 2005
Total Pages: 316
ISBN-13: 9780964195752
DOWNLOAD EBOOKSince the Louis Auchincloss collections of the 1950s and 1960s, there have been few collections of legal short fiction written by a practicing American lawyer outside the genres of crime and legal thriller fiction. Here is a new collection by Lowell B. Komie of Chicago, published to celebrate his fiftieth year in the practice of law. Lowell B. Komie's first collection of short stories, The Judge's Chambers, was published by the American Bar Association in 1983. It was the first collection of fiction published by the ABA in its more than 100-year history. His second collection, The Lawyer's Chambers and Other Stories, published by Swordfish Chicago in 1995, won the Carl Sandburg Award for fiction from the Friends of the Chicago Public Library. This new collection of twenty-nine stories, The Legal Fiction of Lowell B. Komie, centered in Chicago, brings together many of the stories in those collections with new stories that have been published since the earlier volumes, the latest having been written in 2004.
Author: Catherine Hezser
Publisher: Mohr Siebeck
Published: 2003
Total Pages: 336
ISBN-13: 9783161480713
DOWNLOAD EBOOK"This volume is the outcome of an international conference ... held at Trinity College, Dublin on Mar. 11-12, 2002."--P. [v].
Author: Liron Shmilovits
Publisher: Cambridge University Press
Published: 2022-01-06
Total Pages: 259
ISBN-13: 1316519473
DOWNLOAD EBOOKOffers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.
Author: Lon L. Fuller
Publisher:
Published: 1986
Total Pages: 142
ISBN-13: 9780804703277
DOWNLOAD EBOOKAuthor: Jay Wishengrad
Publisher: Woodstock, N.Y. : Overlook Press
Published: 1992-08
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOK"The labyrinthine world of lawyers and the law has intrigued and challenged many writers, as this one-of-a-kind collection of 35 short stories by our best contemporary authors proves beyond a reasonable doubt. This outstanding collection includes stories about young lawyers, junior partners, senior partners and name partners; some are successful lawyers, some are struggling through personal or professional crises. International in scope, the collection looks at lawyers and the law around the world; it also includes some of the best humorous pieces ever written about the law." "The law and literature connection has intrigued many writers including Chaucer, Shakespeare, Dostoyevsky, Dickens and Kafka. In his introduction, lawyer and writer Jay Wishingrad explores this connection, discussing its antecedents and its literary and legal proponents today as well as the connection between deconstruction and the Critical Legal Studies movement." "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."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Matthias Armgardt
Publisher: Springer
Published: 2015-05-18
Total Pages: 275
ISBN-13: 3319160214
DOWNLOAD EBOOKThis volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.
Author: V. K. Varadachari
Publisher:
Published: 1979
Total Pages: 148
ISBN-13:
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