Legal Fictions in Theory and Practice

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...

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Những tác giả chính: Del Mar, Maksymilian, Twining, William
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Springer 2016
Những chủ đề:
Law
Truy cập trực tuyến:https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/59572
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spelling oai:scholar.dlu.edu.vn:DLU123456789-595722023-11-11T06:42:16Z Legal Fictions in Theory and Practice Del Mar, Maksymilian Twining, William Law Genetic epistemology 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. 2016-01-08T01:39:13Z 2016-01-08T01:39:13Z 2015 Book 978-3-319-09232-4 978-3-319-09231-7 https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/59572 en application/pdf Springer
institution Thư viện Trường Đại học Đà Lạt
collection Thư viện số
language English
topic Law
Genetic epistemology
spellingShingle Law
Genetic epistemology
Del Mar, Maksymilian
Twining, William
Legal Fictions in Theory and Practice
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.
format Book
author Del Mar, Maksymilian
Twining, William
author_facet Del Mar, Maksymilian
Twining, William
author_sort Del Mar, Maksymilian
title Legal Fictions in Theory and Practice
title_short Legal Fictions in Theory and Practice
title_full Legal Fictions in Theory and Practice
title_fullStr Legal Fictions in Theory and Practice
title_full_unstemmed Legal Fictions in Theory and Practice
title_sort legal fictions in theory and practice
publisher Springer
publishDate 2016
url https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/59572
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