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Legal Fictions In Theory And Practice

Author: Maksymilian Del Mar
Publisher: Springer
ISBN: 3319092324
Size: 13.90 MB
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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.

The Atonement

Author: William Lane Craig
Publisher: Cambridge University Press
ISBN: 1108614604
Size: 80.89 MB
Format: PDF
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How did Christ's death overcome the estrangement and condemnation of sinners before a holy God, so as to reconcile them to Him? A great variety of theories of the atonement have been offered over the centuries to make sense of the fact that Christ by his death has provided the means of reconciliation with God: ransom theories, satisfaction theories, moral influence theories, penal substitution theories, and so on. Competing theories need to be assessed by (i) their accord with biblical data and (ii) their philosophical coherence.

Landmark Cases In Property Law

Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900268
Size: 20.19 MB
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Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence Â? How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

Talmudic Reasoning

Author: Leib Moscovitz
Publisher: Mohr Siebeck
ISBN: 9783161477263
Size: 58.81 MB
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The development of explicit legal concepts and principles in rabbinic literature reflects rabbinic legal thought at its most creative and sophisticated, as many of these concepts and principles deal with abstract, metaphysical entities. In this study Leib Moscovitz systematically surveys the development and impact of abstraction and conceptualization in the various legal corpora of rabbinic literature, illustrating the critical and unique role that conceptualization plays in talmudic reasoning. He demonstrates how the analysis of rabbinic conceptualization can shed light on numerous important aspects of rabbinic scholarship, such as the character and development of rabbinic legal thought, techniques of rabbinic legal exegesis, rabbinic jurisprudence, and various philological and historical issues in rabbinics, such as the chronology of the anonymous stratum of the Babylonian Talmud. Rabbinic conceptualization, though unique in many respects, shares certain features with cognate disciplines, and this study utilizes these disciplines (mainly jurisprudence, cognitive psychology, and philosophy) to illuminate rabbinic conceptualization wherever relevant. The themes addressed in this study include the use of casuistics, generalization, and implicit conceptualization in the earlier strata of rabbinic literature, classification and legal definition, legal fictions, legal explanation, analogy and association, and the development and use of explicit legal concepts and principles in the later strata of rabbinic literature.

Political Science Routledge Library Editions Political Science Volume 14

Author: H. Victor Wiseman
Publisher: Routledge
ISBN: 1135027013
Size: 62.14 MB
Format: PDF
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This book, originally published in 1959, makes explicit the social principles which underlie the procedures and political practice of the modern democratic state. The authors take the view that in the modern welfare state there are problems connected with the nature of law, with concepts like rights, justice, equality, property, punishment, responsibility and liberty and which modern philosophical techniques can illuminate.

Medical Law And Moral Rights

Author: Carl Wellman
Publisher: Springer Science & Business Media
ISBN: 9781402037511
Size: 50.79 MB
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Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? This work provides an examination of court cases that shows how US law answers these questions.

Books In Print

Author: R.R. Bowker Company
Publisher:
ISBN:
Size: 29.35 MB
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Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.

Law And Language

Author: Michael Freeman
Publisher: Oxford University Press
ISBN: 0199673667
Size: 22.46 MB
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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.