18 March 2015
Legal Fictions in Theory and Practice is a multi-disciplinary, multi-jurisdictional collection, which 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 (eg in Tort Law, Criminal Law, and Intellectual Property Law), and in different times and places (eg 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: