[PDF] Fictions Of Law eBook

Author : Maksymilian Del Mar
Publisher : Springer
Page : 434 pages
File Size : 21,63 MB
Release : 2015-03-11
Category : Law
ISBN : 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.

Author : Steven D. Smith
Publisher : University of Notre Dame Pess
Page : 349 pages
File Size : 50,38 MB
Release : 2021-09-15
Category : Law
ISBN : 0268201196

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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.

Author : Liron Shmilovits
Publisher : Cambridge University Press
Page : 259 pages
File Size : 26,7 MB
Release : 2022-01-06
Category : Law
ISBN : 1316519473

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

Author : Jay Wishengrad
Publisher : Harry N. Abrams
Page : 436 pages
File Size : 36,40 MB
Release : 1994-05-01
Category : Fiction
ISBN : 9780879515409

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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.

Author : Harriet Murav
Publisher : University of Michigan Press
Page : 274 pages
File Size : 20,57 MB
Release : 2010-05-18
Category : Law
ISBN : 0472023330

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Legal scholars and literary critics have shown the significance of storytelling, not only as part of the courtroom procedure, but as part of the very foundation of law. Russia's Legal Fictions examines the relationship between law, narrative and authority in nineteenth- and twentieth-century Russia. The conflict between the Russian writer and the law is a well-known feature of Russian literary life in the past two centuries. With one exception, the authors discussed in this book--Sukhovo-Kobylin, Akhsharumov, Suvorin, and Dostoevsky in the nineteenth century and Solzhenitsyn and Siniavskii in the twentieth--were all put on trial. In Russia's Legal Fictions, Harriet Murav starts with the authors' own writings about their experience with law and explores the history of these Russian literary trials, including censorship, libel cases, and one case of murder, in their specific historical context, showing how particular aspects of the culture of the time relate to the case. The book explores the specifically Russian literary and political conditions in which writers claim the authority not only as the authors of fiction but as lawgivers in the realm of the real, and in which the government turns to the realm of the literary to exercise its power. The author uses specific aspects of Russian culture, history and literature to consider broader theoretical questions about the relationship between law, narrative, and authority. Murav offers a history of the reception of the jury trial and the development of a professional bar in late Imperial Russia as well as an exploration of theories of criminality, sexuality, punishment, and rehabilitation in Imperial and Soviet Russia. This book will be of interest to scholars of law and literature and Russian law, history and culture. Harriet Murav is Associate Professor of Russian and Comparative Literature, University of California at Davis.

Author : Lowell B. Komie
Publisher : Swordfish Chicago Publisher
Page : 316 pages
File Size : 27,23 MB
Release : 2005
Category : Legal stories, American
ISBN : 9780964195752

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Since 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.