Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.
Download or read book Legal Fictions written by Karla FC Holloway and published by Duke University Press. This book was released on 2013-12-16 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.
Download or read book Legal Fictions in Theory and Practice written by Maksymilian Del Mar and published by Springer. This book was released on 2015-03-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fictions Lies and the Authority of Law written by Steven D. Smith and published by University of Notre Dame Pess. This book was released on 2021-09-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Fictions written by Jay Wishengrad and published by Harry N. Abrams. This book was released on 1994-05-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Fictions in International Law written by Reece Lewis and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
Download or read book Legal Fictions written by Steven Fraade and published by BRILL. This book was released on 2011-05-10 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the ancient writings of the Dead Sea Scrolls and early rabbinic Judaism, this book comprises studies that explore the intersections of scriptural interpretation, narrative fiction, and legal rhetoric. It proposes and models methods of a non-reductive historiography for each of these communities and for both of them in comparison.
Download or read book Constitutional Law as Fiction written by L. H. LaRue and published by Penn State Press. This book was released on 2010-11-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.
Download or read book Media Law Through Science Fiction written by Daxton R. Stewart and published by Routledge. This book was released on 2019-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney and legal scholar Daxton Stewart examines the intersection of media law and science fiction, exploring the past, present, and future of communication technology and policy debates. Science fiction offers a vast array of possibilities anticipating future communication technologies and their implications on human affairs. In this book, Stewart looks at potential legal challenges presented by plausible communication technologies that may arise 20 or 50 or 100 years from today. Performing what he calls "speculative legal research," Stewart identifies the kinds of topics we should be talking about relating to speech, privacy, surveillance, and more, and considers the debates that would be likely to arise if such technologies become a reality. Featuring interviews with prominent science fiction authors and legal scholars, and a foreword by Malka Older, this book considers the speculative solutions of science fiction and their implications in law and policy scholarship. Chapters feature specific literary examples to examine how cultural awareness and policy creation are informed by fictional technology, future societies, and legal disputes. Looking forward, beyond traditional legal research and scholarship to the possible and even very likely future of communication technology, this fascinating work of speculative legal research will give students and scholars of media law, science fiction, and technology much to discuss and debate.
Download or read book Fiction and the Law written by Kieran Dolin and published by Cambridge University Press. This book was released on 1999-06-13 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationship between law and literature in canonical texts from Victorian and Modernist periods.
Download or read book Serializing Fiction in the Victorian Press written by G. Law and published by Springer. This book was released on 2000-10-23 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive archival research in both Britain and the United States, Serializing Fiction in the Victorian Press represents the first comprehensive study of the publication of instalment fiction in Victorian newspapers. Often overlooked, this phenomenon is shown to have exerted a crucial influence on the development of the fiction market in the last decades of the nineteenth century. A detailed description of the practice of syndication is followed by a wide-ranging discussion of its implications for readership, authorship, and fictional form.
Download or read book Law Fiction and Activism in a Time of Climate Change written by Nicole Rogers and published by Routledge. This book was released on 2019-08-14 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
Download or read book Fandom and the Law written by Marc H. Greenberg and published by American Bar Association. This book was released on 2022-05-02 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analysis based on the two major iterations of copyright law, the 1909 Act and the 1976 Act"--
Download or read book The Home Court Advantage written by N. M. Silber and published by . This book was released on 2013-11 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once upon a time, two lawyers fell in love across a courtroom ... Gabrielle and Braden have fallen in love and face a bright future together if they can just survive all of the crazy people they encounter, like anonymous napkin droppers, UFO enthusiasts, crooked businessmen, nude drunk drivers, and a woman who tries to break into jail. When the gavel falls will the verdict be happily ever after? Come join the fun as the sexiest couple in the Philadelphia Criminal Court System shares more witty banter and red hot lovin' with a dash of mystery thrown in. The story that began with The Law of Attraction concludes with lots of love and laughter in The Home Court Advantage. "The hilarious and lovable ensemble is back " Cindy Meyer, The Book Enthusiast "The perfect mix of intensity and hilarity." Lori Lockie, 50 Shades of Gabriel's Crossfire Unscripted Destiny Book Club "This is a MUST read." Mayas Sanders, Reading by the Book NOTICE: This book is intended for readers over the age of eighteen.
Download or read book Legal Fictions written by Lon L. Fuller and published by . This book was released on 1986 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Fictions written by V. K. Varadachari and published by . This book was released on 1979 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
