This multi-disciplinary, multi-jurisdictional assortment bargains the 1st ever full-scale research of felony fictions. Its concentration is on fictions in felony perform, analyzing and comparing their roles in quite a few varied components of perform (e.g. in Tort legislation, felony legislation and highbrow estate legislation) and in several occasions and areas (e.g. in Roman legislations, Rabbinic legislation and the typical Law). the gathering techniques the subject partly during the dialogue of sure key classical statements by means of theorists together with Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. the gathering opens with the first-ever translation into English of Kelsen’s evaluate of Vaihinger’s As If. The 17 chapters are divided into 4 components: 1) a dialogue of the valuable theories of fictions, as above, with a spotlight on Kelsen, Bentham, Fuller and classical pragmatism; 2) a dialogue of the connection among fictions and language; three) a theoretical and historic exam and overview of fictions within the universal legislation; and four) an account of fictions in numerous perform components and in several criminal cultures. the gathering should be of curiosity to theorists and historians of criminal reasoning, in addition to students and practitioners of the legislation extra quite often, in either universal and civil legislation traditions.
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Additional resources for Legal Fictions in Theory and Practice (Law and Philosophy Library)
CrossRef Vaihinger, Hans. 1925/1911. The philosophy of ‘As if’: A process of the theoretical, functional and spiritual fictions of mankind (Trans. : C. ok. Ogden). London: Kegan Paul. Zhai, Xiaobo. 2014. Bentham’s traditional association and the cave in of the censor–expositor contrast within the normal idea of legislation. In Bentham’s conception of legislation and public opinion, eds. X. Zhai and M. Quinn, 143–182. Cambridge: Cambridge college Press. Footnotes 1For a dialogue which appreciates Fuller’s reliance on Vaihinger see Karen Petroski’s bankruptcy during this quantity (Chap. 7). 2Alternatively: ‘Names of genuine entities are, if right names, names of such a lot of person lots of subject: if universal names, names respectively of all such person lots of topic as are of such or any such specific description, which by means of those names are indicated or endeavoured to be indicated’ (UC ci. 341 (1838–1843, viii. 262)). 3Bentham is sort of specific that the excellence among actual and fictitious entities is a special, even though corresponding contrast to that among their respective names. See UC cii. 462 (1838–1843, viii. 331): ‘Coæval with the first actual steps that may be taken within the endeavour to offer a transparent clarification of the real nature of language has to be the intimation given of the excellence among actual and fictitious entities, and the correspondent contrast among names of actual and names of fictitious entities. ’ 4Rosen notes Bentham’s statement of the ubiquity of this spatial metaphor, yet questions even if it represents Bentham’s thought of place, because it is ‘obviously a mad, mad view’ (2005, p. 53). 5In truth, Bentham deals a couple of archetype for legal responsibility (UC ci. 223 (1838–1843, viii. 247)). Jackson criticizes smooth commentators for overlooking archetypation as ‘an etymological 5th wheel at the trainer’ (1998, pp. 507–509). Bentham’s remedy of this subsidiary strategy is, once more, no longer fullyyt constant. For an try to reconcile the various inconsistencies, see Quinn (2012a). 6Similarly, ‘A proposition having for its topic the identify of a fictitious entity isn't essentially understood to any extent further than because it could be translated right into a correspondent proposition having for its topic the identify of a few genuine entity. Falsehood, then, or nonsense, is the single import, of which, abstractedly from all kin to any proposition having for its topic the identify of a few actual entity, a proposition having for its topic the identify of a fictitious entity is weak’ (1983b, p. 75). 7Of direction, Bentham additionally acknowledges the main of Asceticism as a competitor, and person who additionally permits the alternate of feel. even if, in Bentham’s view, a formal knowing of the main can in simple terms lead to its rejection (Bentham 1996, p. 21). 8For Kelsen, those usually are not fictions in any respect, because the self sufficient spheres of legislations and morality make no test on the cognition of truth, and hence can't contradict fact: ‘After all, normative cognition isn't directed at real truth in any respect. after all, inside normative cognition fictions can rather well exist, i.