Legal Fictions in Private Law
Book Details
Format
Hardback or Cased Book
ISBN-10
1316519473
ISBN-13
9781316519479
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jan 6th, 2022
Print length
290 Pages
Weight
510 grams
Dimensions
23.50 x 15.70 x 2.00 cms
Product Classification:
Private / Civil law: general works
Ksh 18,700.00
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This book offers a history of legal fictions in the common law and an algorithmic solution to whether any given fiction should exist or not. It will be useful for legal historians, legal theorists, and private law scholars and students.
Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.
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