Book ChapterDOI
Legal Fictions and Exclusionary Rules
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TLDR
In this paper, the authors argue that legal fictions lack the generative potential of metaphors, because fictions depend on a truncated causal chain that excludes any consequence other than the doctrinal consequence the fiction was created to license, whereas metaphors spur on the imagination to make further connections.Abstract:
Although the law abounds in fabrications, the term “legal fiction” is best reserved for what Alf Ross describes as “posed propositions,” which hazard a premise only to secure a particular doctrinal result. On this view, legal fictions lack the generative potential of metaphors, because fictions depend on a truncated causal chain that excludes any consequence other than the doctrinal consequence the fiction was created to license, whereas metaphors spur on the imagination to make further connections. I explore this idea by drawing on research in the psychology of reading, which distinguishes between the care that readers take in restricting their use of “artificial” information, and their willingness to integrate information they take to be factual. Legal information (facts, doctrines) might similarly be arranged according to how narrowly or broadly the information may be applied. This approach allows us to locate particular examples along a spectrum, characterizing them as more or less fictional rather than simply placing them inside or outside the category of fiction. After developing the implications of this empirical research in psychology, I suggest that legal fictions exhibit the same kind of artifice as exclusionary rules, and that given the relative ease of implementing their artificial requirements, fictions may have facilitated the development of exclusionary rules by inspiring confidence about their workability. Finally, I turn to legal and literary examples that display similar kinds of artifice, focusing on deeming provisions and Wilde’s play The Importance of Being Earnest.read more
Citations
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Models and Fiction
TL;DR: It is argued that models share important aspects in common with literary fiction, and that therefore theories of fiction can be brought to bear on these questions.
Posted Content
Global Governance Through the Pairing of List and Algorithm
TL;DR: This paper tracks movements of knowledge from the arcane form of the list into an algorithmic mode, and back again, to focus attention on how lists-plus-algorithms bring peoples, places, and things into lawful relation.
Journal ArticleDOI
Global governance through the pairing of list and algorithm
TL;DR: The work of global governance, including the governance of illicit activities, increasingly entails some pairing of list and algorithm as discussed by the authors, and it seems that the list-plus-algorithm is displacing rival juridical forms on the global scale.
Book ChapterDOI
Fact, Fiction, and Social Reality in Roman Law
TL;DR: The authors surveys fictions in classical Roman law, both those the Romans themselves labeled fictions and others that functioned through similar linguistic operations and explores the theoretical frameworks within which Romans understood the operation of fictions, especially the distinction between social and legal facts and the natural and the imaginary.
Book ChapterDOI
Legal Fictions and Legal Change in the Common Law Tradition
TL;DR: In this article, legal fictions are defined as any suspension of one or more of the required operative facts leading to the imposition of an associated normative consequence, whether this suspension is introduced because of the absence of proof of some previously required fact; or the presence of proof to the contrary.
References
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BookDOI
The analogical mind : perspectives from cognitive science
TL;DR: Analogical processing is the very core of cognition as mentioned in this paper, and it has been the focus of extensive research in cognitive science over the past two decades, through analogy, novel situations and problems can be understood in terms of familiar ones.
Book
Why We Read Fiction: Theory of Mind and the Novel
TL;DR: In this area the world as discussed by the authors, we find the money for why we read fiction theory of mind and the novel lisa zunshine and numerous ebook collections from fictions to scientific research in any way.
Journal ArticleDOI
Fictionality and Perceived Realism in Experiencing Stories: A Model of Narrative Comprehension and Engagement
TL;DR: In this article, the authors propose a theoretical framework to explain circumstances under which perceptions of "unrealness" affect engagement in narratives and subsequent perceived realism judgments, and propose a model that integrates narrative comprehension and phenomenological experiences such as transportation and identification.
Book
Ancient Law, Its Connection with the Early History of Society and Its Relation to Modern Ideas
TL;DR: This hugely influential work of 1861 is probably the one for which Sir Henry Maine (1822-88) is best remembered as mentioned in this paper, and drew on historical examples from the culture of many Indo-European societies to further his arguments on the development of law as a vital component of civilisation.
Metaphor is like analogy
TL;DR: A mind is a computer as discussed by the authors, and a mind is an object of a mind's control. And a mind can be a computer, also called a mind-computer, too.