Download Legal Fictions in Theory and Practice (Law and Philosophy PDF

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This multi-disciplinary, multi-jurisdictional assortment deals the 1st ever full-scale research of felony fictions. Its concentration is on fictions in criminal perform, reading and comparing their roles in a number of various parts of perform (e.g. in Tort legislations, felony legislation and highbrow estate legislations) and in numerous instances and areas (e.g. in Roman legislation, Rabbinic legislation and the typical Law). the gathering methods the subject partially in the course of the dialogue of convinced 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 evaluation of Vaihinger’s as though. The 17 chapters are divided into 4 elements: 1) a dialogue of the significant 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 old exam and assessment of fictions within the universal legislation; and four) an account of fictions in numerous perform components and in several criminal cultures. the gathering could be of curiosity to theorists and historians of criminal reasoning, in addition to students and practitioners of the legislations extra quite often, in either universal and civil legislation traditions.

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Responsive papers are referred to as the “pleadings” in 8. What is the difference between summary judgment the case. Pleadings articulate the i­ssues in the case— and a trial? 9. What aspects of a trial court’s decision are reviewable on appeal? Answers 1. The “law” is the sum total of the rules governing ­individual and group behavior that are enforceable in court. Primarily, as you will see, this means state and federal statutes, agency regulations, local o ­ rdinances and court decisions. 2.

Narrowing your search further, placing your question in the right category will tell you which specific books—and parts of the books—you need. For instance, if your federal law problem involves the ­federal drug laws, 33 you will probably use a different book than if it in­volves securities fraud. Does the Situation Involve Federal Law or State Law? Probably the single-most important classification is whether your issue involves state law, federal law or both. This is important because discussions of state law and fed­eral law are commonly found in completely different books.

Privately maintained law libraries (local bar ­associations, large law firms, state agencies and large corporations). 2. • A police officer looks in her manual to decide what charges to hold a criminal suspect for. • A social security recipient calls up his regional office to ask about the agency’s eligibility policies. • Looking up a specific statute. S. Supreme Court case. • Obtaining documents from a state or federal ­government. 3. To find at least one case that perfectly—and favorably—answers your specific research question in an i­dentical factual context.

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