书目名称 | Legal Fictions in Theory and Practice | 编辑 | Maksymilian Del Mar,William Twining | 视频video | | 概述 | Offers a timely and long-overdue revival of the topic of legal fictions, a much neglected topic in contemporary jurisprudence.Presents comprehensive coverage of theoretical perspectives on legal ficti | 丛书名称 | Law and Philosophy Library | 图书封面 |  | 描述 | .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 reas | 出版日期 | Book 2015 | 关键词 | Fictions in International Law; Fictions in Property Law; Fictions in Tort; Fictitious Fraud; Fuller on L | 版次 | 1 | doi | https://doi.org/10.1007/978-3-319-09232-4 | isbn_softcover | 978-3-319-34344-0 | isbn_ebook | 978-3-319-09232-4Series ISSN 1572-4395 Series E-ISSN 2215-0315 | issn_series | 1572-4395 | copyright | Springer International Publishing Switzerland 2015 |
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