Legal Fictions in Theory and Practice edited by Maksymilian Del Mar, William Twining.

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 Propert...

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Bibliographic Details
Corporate Author: SpringerLink (Online service)
Other Authors: Del Mar, Maksymilian. (Editor,, Twining, William. (Editor,
Format: eBook
Published: Cham : Springer International Publishing : Imprint: Springer, 2015.
Edition:1st ed. 2015.
Series:Law and Philosophy Library, 110
Springer eBook Collection.
Online Access:Click to view e-book
Holy Cross Note:Loaded electronically.
Electronic access restricted to members of the Holy Cross Community.
Table of Contents:
  • Preface; William Twining
  • Introducing Fictions: Examples, Functions, Definitions and Evaluations; Maksymilian Del Mar
  • I. Theories of Fiction, Fictions of Theory
  • 1. On the Theory of Juridic Fictions. With special consideration of Vaihinger’s Philosophy of the As-If; Hans Kelsen, translated by Christoph Kletzer
  • 2. Kelsen on Vaihinger; Christoph Kletzer
  • 3. Is Law a Fiction?; Geoffrey Samuel
  • 4. Fuller on Legal Fictions: A Benthamic Perspective; Michael Quinn
  • 5. The Pragmatic Value of Legal Fictions; Douglas Lind
  • II. Community, Language and Literature
  • 6. Legal Fictions Revisited; Frederick Schauer
  • 7. Legal Fictions and the Limits of Legal Language; Karen Petroski
  • 8. Legal Fictions and Exclusionary Rules; Simon Stern
  • 9. Law’s Fiction, Legal Fiction and Copyright Law; Burkhard Schafer and Jane Cornwell
  • III. Change and the Common Law
  • 10. Legal Fictions before the Age of Reform; Michael Lobban
  • 11. Legal Fictions and Legal Change in the Common Law Tradition; Maksymilian Del Mar
  • 12. Fictions in Tort; James Lee
  • 13. Ejectment: Three Births and a Funeral; Peter Sparkes
  • IV. Fictions in Practice: Past, Present and Future
  • 14. Fact, Fiction, and Social Reality in Roman Law; Clifford Ando
  • 15. Rabbinic Legal Fictions; Leib Moscovitz
  • 16. Presumptions and Fictions: A Collingwoodian Approach; Raymundo Gama
  • 17. Some Uses of Fictions in Criminal Law; Peter Alldridge
  • 18. Fictitious Fraud: Economics and the Presumption of Reliance; Randy D. Gordon
  • Index.