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Legal Fictions Approach to Organ Donation, with Seema K. Shah

Franklin G. Miller and Robert D. Truog

in Death, Dying, and Organ Transplantation: Reconstructing Medical Ethics at the End of Life

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199739172
eISBN:
9780199918683
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739172.003.0016
Subject:
Philosophy, Moral Philosophy

Abandoning the dead donor rule faces practical difficulties, especially as it would require changing current formulation of laws relating to homicide. In this chapter we offer a pragmatic alternative ... More


Lecture Two: Legal Fictions

J. H. BAKER

in The Law's Two Bodies: Some Evidential Problems in English Legal History

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199245185
eISBN:
9780191705175
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245185.003.0002
Subject:
Law, Legal History

This chapter focuses on the legal fiction which involves a deliberate separation, with judicial approval, of the two kinds of law — the case and statute law. It argues that the object of fiction is ... More


Foundations of the Firm I: Business Entities and Legal Persons

Eric W Orts

in Business Persons: A Legal Theory of the Firm

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.003.0002
Subject:
Business and Management, Organization Studies

This chapter sets forth a conceptual understanding of the firm as an organizational “entity” with “legal personality.” This idea is foundational for a modern legal theory of the firm. The chapter ... More


Introduction

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0001
Subject:
Literature, European Literature

This book is about Thomas Hardy, an English novelist and poet whose legal career began in 1894 when he was appointed county magistrate, and his fiction in relation to legislative and literary ... More


Legal and Literary Fictions

Simon Stern

in New Directions in Law and Literature

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190456368
eISBN:
9780190456399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190456368.003.0019
Subject:
Literature, Criticism/Theory

The term “legal fiction” is often used for doctrines that make the law’s image of the world seem distorted or bizarre. On this view, corporate personhood and civil death are fictional because of ... More


Sacred Kingship and Political Fiction: Ernst Kantorowicz, Carl Schmitt, Ernst Cassirer, and Walter Benjamin

Victoria Kahn

in The Future of Illusion: Political Theology and Early Modern Texts

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226083872
eISBN:
9780226083902
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226083902.003.0003
Subject:
Literature, Criticism/Theory

This chapter analyzes Ernst Kantorowicz’s history of political theology in The King’s Two Bodies in relation to the work of Carl Schmitt on the one hand and Ernst Cassirer on the other. It proposes ... More


The Semiotics of Law, Language and Money

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0015
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter explores analogies between the law, the circulation of money and the circulation of linguistic signs. Theories of modernity (Simmel) see money as the universal measure of value; law also ... More


‘I Was Not in My Senses, and a Man’s Senses Are Himself’: The Legal Defence of Insanity

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0003
Subject:
Literature, European Literature

This chapter examines Thomas Hardy’s legal fiction in the context of debates surrounding the changing definition of legal insanity during the nineteenth century. Focusing on the McNaughten Rules and ... More


‘I Hate to be Thought Men’s Property in That Way’: Married Women and the Law

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0004
Subject:
Literature, European Literature

This chapter examines Thomas Hardy’s legal fiction in relation to gender inequality and the double standard underpinning the law. It considers the legal disabilities experienced by women in their ... More


Business Persons: A Legal Theory of the Firm

Eric W. Orts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.001.0001
Subject:
Business and Management, Organization Studies

This book explains the legal structure of business firms as they operate in the world today. It describes the legal foundations or “matrix” from which all firms are built, managed, and governed. The ... More


‘If You Only Knew Me Through and Through’: The Domestic Trial Scene and Narrative Advocacy

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0002
Subject:
Literature, European Literature

This chapter examines the limits of the reasonable man standard in terms of gender bias by focusing on Thomas Hardy’s narratives in the context of two divorce cases: Norton v. Melbourne (1836) and ... More


Conclusion

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0006
Subject:
Literature, European Literature

During the nineteenth century, a variety of new literary formats allowed writers to engage with legal debates and practices. Victorian literature became a medium for addressing a number of ... More


‘Waiters on Chance’: The Tichborne Claimant, Land Law Reform and Rural Dispossession

Trish Ferguson

in Thomas Hardy's Legal Fictions

Published in print:
2013
Published Online:
May 2014
ISBN:
9780748673247
eISBN:
9780748695256
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748673247.003.0005
Subject:
Literature, European Literature

This chapter examines Thomas Hardy’s legal fiction in relation to the politics of land law reform and inheritance plots. More specifically, it looks at the increasing agitation for more democratic ... More


Border Laboratories

Jeffrey S. Kahn

in Islands of Sovereignty: Haitian Migration and the Borders of Empire

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226587387
eISBN:
9780226587554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226587554.003.0003
Subject:
Law, Human Rights and Immigration

This chapter explores the history of how contemporary maritime migration policing (i.e., maritime interdiction) emerged out of confrontations over the treatment of Haitian asylum seekers during the ... More


Law Making

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0012
Subject:
Law, Legal History

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not ... More


Decompositional Rights

Sora Y. Han

in Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter revisits and restages U.S. Supreme Court cases on affirmative action and the critique of “reverse discrimination” claims within a broader set of jurisprudential and philosophical ... More


The Stakes of International Law and Literature

Christopher N. Warren

in Literature and the Law of Nations, 1580-1680

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198719342
eISBN:
9780191788550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719342.003.0001
Subject:
Literature, 16th-century and Renaissance Literature, Criticism/Theory

The purpose of this chapter is to develop a broad rationale for a more literary history of international law and to set the conceptual groundwork for the chapters that follow. It uses a range of ... More


Conclusion

Alexander Sarch

in Criminally Ignorant

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.003.0011
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The conclusion of Criminally Ignorant: Why the Law Pretends We Know What We Don’t provides an overview of the main takeaways from the book. At its broadest, this is a book about a common legal ... More


Criminally Ignorant

Alexander Sarch

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Criminally Ignorant: Why the Law Pretends We Know What We Don’t is about the legal fiction that we know what we don’t. If you bury your head in the sand rather than learn you’re committing a crime, ... More


Regimes of Legality: Ethnography of Criminal Cases in South Asia

Daniela Berti and Devika Bordia (eds)

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199456741
eISBN:
9780199085477
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199456741.001.0001
Subject:
Law, Criminal Law and Criminology

An anthropological study on judicial practices in South Asia, this volume takes criminal cases as frameworks to examine power dynamics within a legal setting. Case studies in this book analyse a set ... More


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