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Law and Philosophy Library

Legal Fictions in Theory and Practice

Editors: Del Mar, Maksymilian, Twining, William (Eds.)

  • 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
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eBook $139.00
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  • ISBN 978-3-319-09232-4
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  • Included format: PDF, EPUB
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  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-09231-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • ISBN 978-3-319-34344-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days. November 18, 2016
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

“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)


Table of contents (18 chapters)

  • On the Theory of Juridic Fictions. With Special Consideration of Vaihinger’s Philosophy of the As-If

    Kelsen, Hans (et al.)

    Pages 3-22

  • Kelsen on Vaihinger

    Kletzer, Christoph

    Pages 23-29

  • Is Law a Fiction?

    Samuel, Geoffrey

    Pages 31-54

  • Fuller on Legal Fictions: A Benthamic Perspective

    Quinn, Michael

    Pages 55-82

  • The Pragmatic Value of Legal Fictions

    Lind, Douglas

    Pages 83-109

Buy this book

eBook $139.00
price for USA
  • ISBN 978-3-319-09232-4
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-09231-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • ISBN 978-3-319-34344-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days. November 18, 2016
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Bibliographic Information

Bibliographic Information
Book Title
Legal Fictions in Theory and Practice
Editors
  • Maksymilian Del Mar
  • William Twining
Series Title
Law and Philosophy Library
Series Volume
110
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-09232-4
DOI
10.1007/978-3-319-09232-4
Hardcover ISBN
978-3-319-09231-7
Softcover ISBN
978-3-319-34344-0
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XXXVI, 413
Number of Illustrations and Tables
1 b/w illustrations
Topics