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Legal Fictions in Theory and Practice

  • Maksymilian Del Mar
  • William Twining

Part of the Law and Philosophy Library book series (LAPS, volume 110)

Table of contents

  1. Front Matter
    Pages i-xxxvi
  2. Theories of Fiction, Fictions of Theory

    1. Front Matter
      Pages 1-1
    2. Christoph Kletzer
      Pages 23-29
    3. Geoffrey Samuel
      Pages 31-54
    4. Douglas Lind
      Pages 83-109
  3. Community, Language and Literature

    1. Front Matter
      Pages 111-111
    2. Frederick Schauer
      Pages 113-129
    3. Simon Stern
      Pages 157-173
    4. Burkhard Schafer, Jane Cornwell
      Pages 175-195
  4. Change and the Common Law

    1. Front Matter
      Pages 197-197
    2. Michael Lobban
      Pages 199-223
    3. James Lee
      Pages 255-274
    4. Peter Sparkes
      Pages 275-291
  5. Fictions in Practice: Past, Present and Future

    1. Front Matter
      Pages 293-293
    2. Leib Moscovitz
      Pages 325-346
    3. Peter Alldridge
      Pages 367-384
  6. Back Matter
    Pages 405-413

About this book

Introduction

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.

Keywords

Fictions in International Law Fictions in Property Law Fictions in Tort Fictitious Fraud Fuller on Legal Fictions Is Law a Fiction? Kelsen’s Treatment of Vaihinger’s Theory Law and Truth Legal Epistemology Legal Fictions Legal Fictions and Legal Change Legal Fictions and the Limits of Legal Language Legal Fictions and the Nature of Legal Language Legal Fictions in Criminal Law Legal Fictions in Rabbinic Literature Legal Fictions in Theory and Practice Legal Fictions in the Early Modern Common Law Legal Fictions, Counterfactuals, and Truth Claims Legal Forms, Legal Facts, and Social Reality in Roman Law Legal Reasoning Pragmatic Value of Legal Fictions Presumptions and Fictions: Reasoning with Fiction Theory of Legal or Juristic Fictions Use of Fictions in Copyright Law and Evidence Law

Editors and affiliations

  • Maksymilian Del Mar
    • 1
  • William Twining
    • 2
  1. 1.Department of LawQueen Mary University of LondonLondonUnited Kingdom
  2. 2.Faculty of LawUniversity College LondonLondonUnited Kingdom

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-09232-4
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-09231-7
  • Online ISBN 978-3-319-09232-4
  • Series Print ISSN 1572-4395
  • Series Online ISSN 2215-0315
  • Buy this book on publisher's site