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

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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, Form #09.071

Legal Fictions, Form #09.071

Author: Sovereignty Education and Defense Ministry (SEDM)

Publisher: Sovereignty Education and Defense Ministry (SEDM)

Published: 2020-02-06

Total Pages: 190

ISBN-13:

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For reasons why NONE of our materials may legally be censored and violate NO Google policies, see: https://sedm.org/why-our-materials-cannot-legally-be-censored/


Cultural Legal Studies of Science Fiction

Cultural Legal Studies of Science Fiction

Author: Alex Green

Publisher: Taylor & Francis

Published: 2024-10-28

Total Pages: 277

ISBN-13: 1040165435

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This book presents and engages the world-building capacity of legal theory through cultural legal studies of science and speculative fictions. In these studies, the contributors take seriously the legal world building of science and speculative fiction to reveal, animate and critique legal wisdom: juris-prudence. Following a common approach in cultural legal studies, the contributors engage directly, and in detail, with specific cultural ‘texts’, novels, television, films and video games in order to explore a range of possible legal futures. The book is organized in three parts: first, the contextualisation of science and speculative fiction as jurisprudence; second, the temporality of law and legal theory and third, the analysis of specific science and speculative fictions. Throughout, the contributors reveal the way in which law as nomos builds normative universes through the narration of a future. This book will appeal to scholars and students with interests in legal theory, cultural legal studies, law and the humanities and law and literature.


Pruning the Genealogical Tree

Pruning the Genealogical Tree

Author: Gian Balsamo

Publisher: Bucknell University Press

Published: 1999

Total Pages: 332

ISBN-13: 9780838754092

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Based on the thesis that lineage and family succession are endemically exposed to spurious and collateral ramifications, it engages genealogy as a construct, whose architecture is best exemplified in the trope of the genealogical tree: a modular assemblage of filiations whose branches, apparently all-inclusive, hide the intricacy of exclusion, suppression, discrimination, abusive graftings."--BOOK JACKET.


New Directions in Law and Literature

New Directions in Law and Literature

Author: Elizabeth S. Anker

Publisher: Oxford University Press

Published: 2017-05-25

Total Pages: 449

ISBN-13: 0190682191

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After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.


Science Fiction as Legal Imaginary

Science Fiction as Legal Imaginary

Author: Alex Green

Publisher: Taylor & Francis

Published: 2024-11-21

Total Pages: 266

ISBN-13: 104022735X

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This book examines how science fiction informs the legal imagination of technological futures. Science fiction, the contributors to this book argue, is a storehouse of images, tropes, concepts and memes that inform the legal imagination of the future, and in doing so generate impetus for change. Specifically, the contributors examine how science fictions imagine human life in space, in the digital and as formed and negotiated by corporations. They then connect this imaginary to how law should be understood in the present and changed for the future. Across the chapters, there is an urgent sense of the need for law – as it is has been, and as it might become – to order and safeguard the future for a multiplicity of vulnerable entities. This book will appeal to scholars and students with interests in law and technology, legal theory, cultural legal studies and law and the humanities.


Decolonizing the Landscape

Decolonizing the Landscape

Author: Beate Neumeier

Publisher: Rodopi

Published: 2014-01-10

Total Pages: 304

ISBN-13: 940121042X

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How does one read across cultural boundaries? The multitude of creative texts, performance practices, and artworks produced by Indigenous writers and artists in contemporary Australia calls upon Anglo-European academic readers, viewers, and critics to respond to this critical question. Contributors address a plethora of creative works by Indigenous writers, poets, playwrights, filmmakers, and painters, including Richard Frankland, Lionel Fogarty, Lin Onus, Kim Scott, Sam Watson, and Alexis Wright, as well as Durrudiya song cycles and works by Western Desert artists. The complexity of these creative works transcends categorical boundaries of Western art, aesthetics, and literature, demanding new processes of reading and response. Other contributors address works by non-Indigenous writers and filmmakers such as Stephen Muecke, Katrina Schlunke, Margaret Somerville, and Jeni Thornley, all of whom actively engage in questioning their complicity with the past in order to challenge Western modes of knowledge and understanding and to enter into a more self-critical and authentically ethical dialogue with the Other. In probing the limitations of Anglo-European knowledge-systems, essays in this volume lay the groundwork for enter¬ing into a more authentic dialogue with Indigenous writers and critics. Beate Neumeier is Professor and Chair of English at the University of Cologne. Her research is in gender, performance, and postcolonial studies. Editor of the e-journal Gender Forum and the database GenderInn, she has published books on English Re¬naissance and contemporary anglophone drama, contemporary American and British-Jewish literature, and women’s writing. Kay Schaffer, an Adjunct Professor in Gender Studies and Social Analysis at the University of Adelaide. is the author of ten books and numerous articles at the intersections of gender, culture, and literary studies. Her recent publications address the Stolen Generations in Australia, life narratives in human-rights campaigns, and readings of contemporary Chinese women writers.