Back to results
Cover image for book Legal Fictions in Theory and Practice

Legal Fictions in Theory and Practice

By:null
Publisher:Springer Nature
Print ISBN:9783319092317
eText ISBN:9783319092324
Edition:0
Copyright:2015
Format:Reflowable

eBook Features

Instant Access

Purchase and read your book immediately

Read Offline

Access your eTextbook anytime and anywhere

Study Tools

Built-in study tools like highlights and more

Read Aloud

Listen and follow along as Bookshelf reads to you

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.

• 2026 © SAU Tech Bookstore. All Rights Reserved.