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Books > Humanities > Philosophy > Topics in philosophy > Epistemology, theory of knowledge
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Legal Fictions in Theory and Practice (Hardcover, 2015 ed.)
Loot Price: R5,846
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Legal Fictions in Theory and Practice (Hardcover, 2015 ed.)
Series: Law and Philosophy Library, 110
Expected to ship within 12 - 19 working days
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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.
General
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