Legal Fictions in Theory and Practice

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.

Legal Fictions in Theory and Practice

Author: Maksymilian Del Mar

Publisher: Springer

ISBN: 3319092324

Page: 413

View: 481

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.

The Average Consumer in Confusion based Disputes in European Trademark Law and Similar Fictions

60 It is argued in this book that legal fiction theory can accommodate these
tensions and provide the best means for ... William eds., Legal Fictions in Theory
and Practice (1st edn, Springer, 2015), 3 (a translation of Kelsen's original text in
 ...

The Average Consumer in Confusion based Disputes in European Trademark Law and Similar Fictions

Author: Rasmus Dalgaard Laustsen

Publisher: Springer Nature

ISBN: 3030263509

Page: 435

View: 428

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

The Origin and Character of God

Legal fictions (here viewed positively, not pejoratively) are necessary whenever
theory and practice are at odds (cf. rabbinic law).169 The conflicts of theory and
practice are threefold. (1) The first conflict results from how a law mediated solely
 ...

The Origin and Character of God

Author: Theodore J. Lewis

Publisher: Oxford University Press, USA

ISBN: 0190072547

Page: 1048

View: 932

Few topics are as broad or as daunting as the God of Israel, that deity of the world's three monotheistic religions, Judaism, Christianity, and Islam, who has been worshiped over millennia. In the Hebrew Bible, God is characterized variously as militant, beneficent, inscrutable, loving, and judicious. Who is this divinity that has been represented as masculine and feminine, mythic and real, transcendent and intimate? The Origin and Character of God is Theodore J. Lewis's monumental study of the vast subject that is the God of Israel. In it, he explores questions of historical origin, how God was characterized in literature, and how he was represented in archaeology and iconography. He also brings us into the lived reality of religious experience. Using the window of divinity to peer into the varieties of religious experience in ancient Israel, Lewis explores the royal use of religion for power, prestige, and control; the intimacy of family and household religion; priestly prerogatives and cultic status; prophetic challenges to injustice; and the pondering of theodicy by poetic sages. A volume that is encyclopedic in scope but accessible in tone, The Origin and Character of God is an essential addition to the growing scholarship of one of humanity's most enduring concepts.

The Theory of Law and Civil Society

CRITICISMS OF THEORIES ON LEGAL FICTIONS . ... referred to its traditional
character or to the authority of the written word , but to the principles on which it
was founded , the function of legal fictions dwindled more and more in practice .

The Theory of Law and Civil Society

Author: Ágost Pulszky

Publisher: Рипол Классик

ISBN:

Page: 443

View: 108

Legal Fictions

No other legal fiction has attracted the attention lavished on corporate personality
. ... There are theories that deny the existence of a legal persona , that recognise
the physical existence of the Corporation or its juridical reality or its reality in the
abstract , mental sense . Fiction ... Legal Fictions in Practice & Legal Science , p .

Legal Fictions

Author: V. K. Varadachari

Publisher:

ISBN:

Page: 127

View: 789

Political Science The theory and practice of political science

In fact the family is a unitary entity with pure common interest only in traditional
common - law theory ( i . e . , in legal fiction ) . A more accurate picture shows
divisions of labor and interest that have important political implications (
Hartmann ...

Political Science  The theory and practice of political science

Author: William J. Crotty

Publisher:

ISBN: 9780810109223

Page: 237

View: 329

In this volume, the study of legislatures has traditionally been a central preoccupation of political scientists. Legislatures provide good laboratories for testing theories and methodologies of significance in the discipline and, more broadly, for contributing to an understanding of how representative government works.

Legal Fictions

Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish
Sectarians and Sages Steven Fraade. CHAPTER THIRTEEN THEORY,
PRACTICE, AND POLEMIC IN ANCIENT JEWISH CALENDARS 1. The Problem
Since the ...

Legal Fictions

Author: Steven Fraade

Publisher: BRILL

ISBN: 900420184X

Page: 648

View: 296

Drawing on the ancient writings of the Dead Sea Scrolls and early rabbinic Judaism, this book comprises studies that explore the intersections of scriptural interpretation, narrative fiction, and legal rhetoric. It proposes and models methods of a non-reductive historiography for each of these communities and for both of them in comparison.

Social Theory and Practice

... Inclusiveness Linda PACIFICI and Jim GARRISON : Imagination , Emotion and
Inquiry : The Teachable Moment Tom SPECTOR : Pragmatism for Architects
Essay Reviews Brian Butler : Law ' s Image of Pragmatism - Another Legal Fiction
.

Social Theory and Practice

Author:

Publisher:

ISBN:

Page:

View: 918

Auditing Theory and Practice

The legal fiction of the common law was that a day is indivisible , and therefore
even if a customer received his discount money just before closing on the date of
his note , and paid it immediately after opening on the date of maturity , he would
 ...

Auditing Theory and Practice

Author: Robert Hiester Montgomery

Publisher:

ISBN:

Page: 673

View: 390

The Theory and Practice of Taxation

ACTUALITIES , nor FICTIONS , THE LEGITIMATE SUBJECT OF TAXATION . —
Enact such laws , also , in respect to taxing titles as we may , experience will
prove that taxes can not be practically levied on imaginary things , or legal
fictions ...

The Theory and Practice of Taxation

Author: David Ames Wells

Publisher: New York, Appleton

ISBN:

Page: 648

View: 335

A Critical Analysis of the Theory and Practice of Accounting for Interest During Construction in the Corporate Enterprise with Particular Emphasis on Privately owned Electric and Gas Utilities

In the entity theory , the accounting focal point became the business unit or entity
, as contrasted with the proprietor under the proprietary theory . The entity theory
found support from the legal fiction of the corporation which stood as a separate ...

A Critical Analysis of the Theory and Practice of Accounting for Interest During Construction in the Corporate Enterprise with Particular Emphasis on Privately owned Electric and Gas Utilities

Author: Lawrence S. Pomerantz

Publisher:

ISBN:

Page: 786

View: 277

Fiction and the Languages of Law

Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use.

Fiction and the Languages of Law

Author: Karen Petroski

Publisher: Routledge

ISBN: 9780367519889

Page: 240

View: 181

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency--as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.