Overview
- 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 fictions
- Includes wide coverage of the role of legal fictions in practice
- Includes supplementary material: sn.pub/extras
Part of the book series: Law and Philosophy Library (LAPS, volume 110)
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Table of contents (18 chapters)
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Front Matter
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Theories of Fiction, Fictions of Theory
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Front Matter
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Community, Language and Literature
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Front Matter
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Change and the Common Law
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Front Matter
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Fictions in Practice: Past, Present and Future
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Front Matter
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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
About this book
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.
Reviews
“This book has breathed new life into an old topic. It is a must-read for anyone with an interest in legal fictions – or indeed legal reasoning.” (Liron Shmilovits, The Cambridge Law Journal, Vol. 76 (3), November, 2017)
“Maksymilian Del Mar and William Twining have produced a superb collection of 19 essays on legal fictions. … the collection holds together very well and the overall result is a rich and sophisticated exploration of the topic. … There is much to be learned from thinking about legal fictions, and this collection goes a long way toward plumbing these insights.” (Brian Tamanaha, Jotwell, juris.jotwell.com, September, 2015)
Editors and Affiliations
Bibliographic Information
Book Title: Legal Fictions in Theory and Practice
Editors: Maksymilian Del Mar, William Twining
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-319-09232-4
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-09231-7Published: 26 March 2015
Softcover ISBN: 978-3-319-34344-0Published: 05 October 2016
eBook ISBN: 978-3-319-09232-4Published: 11 March 2015
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XXXVI, 413
Number of Illustrations: 1 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Epistemology