In this post Maksymilian Del Mar (in the picture above) presents the recent book Legal Fictions in Theory and Practice (Springer 2015), co-edited with William Twining . Treating Menorca as if it is a suburb of London, or a ship as if it was a person, or pretending that persons who form contracts are made by rational agents with knowledge of the commitments they are making, or that states who take over other states find a land empty of life (as in the doctrine of terra nullius) – or, positing the existence of consent, malice, notice, fraud, intention, or causation when evidence clearly points to the opposite conclusion (or to no conclusion at all)… All these are example of legal fictions. They fly in the face of reality. And, in the literature on theories of law and legal reasoning, they are not very popular. In this new collection – Legal Fictions in Theory and Practice (Springer, 2015, co-edited by William Twining and Maks Del Mar) – 18 chapters explore anothe...
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