Special Workshop: Legal Fictions Revisited
Call for Papers
Fictions of various kinds remain powerful devices of legal argumentation and justification.
Is law a fiction or fictional system? If so, what is specific about legal fictions - or do they involve the same kind of fictionality as law itself? Is fictionality a phenomenon of language, ontology, and/or epistemology? Does fictionality presuppose an authorial intention? What does it presuppose about legal audiences? What can we learn from the history of asking questions like these about law and fiction? How much should lawyers, judges, and legislators know about these matters?
Possible topics include:
- Fiction, deeming, and presumption in comparative perspective
- Fiction and definition
- Fiction and hypothesis, thought experiment, and planning
- Fiction and metaphor
- Fiction and truth
- Legal and aesthetic fictions
II. Comparative Law/Legal Theory
- Fictions in common law systems
- Fictions in civil law systems
- The role of legal fictions in the development of law
- Jhering and Maine
- Kant and Vaihinger
- Kelsen and Vaihinger
- René Dekkers
- Oskar Buelow
Please send abstracts of no more than 500 words to Kristin Albrecht (email@example.com) and Karen Petroski (firstname.lastname@example.org) by February 28, 2018.