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Fictional Discourse and the Law


From narrative to fiction in legal theory and practiceTheorizing fictional discourse: Toward a reassessment of the fact–fiction dichotomy in legal theory and practiceFrom narrative to fiction in legal theory and practiceThe basis of the fact-fiction dichotomyTruth and fiction reconsideredFictional discourse and fictional theorySpeech act approaches to fictionalityMapping the conceptual network: Family resemblance, prototype theory and the problem of hierarchical taxonomiesNotesBibliographyThe ubiquity of fictional discourse in legal theory and practiceFictions of constitutional privacy: Toward a linguistic subjectGriswold’s fictionsA linguistic subject of privacyAcknowledgmentNotesAdultery, criminality and the fiction of the king’s bodyMemory, history, and forgetting: Shelby County, Alabama v. HolderIntroductonRicoeurian concepts of memory, history, forgettingJuridical context of the Shelby decisionThe Shelby County, Alabama v. Holder opinionChief Justice Roberts’s majority opinionJustice Ginsburg’s dissentNotesBoilerplate: Deconstructing the fiction of contractA matter of evidence? Fact and fiction in the courtroomDying declarationsRap as courtroom realityFiction as courtroom fact? Exploration accounts as evidence in aboriginal rights and title litigationIntroductonThe Canadian jurisprudenceConstructing narratives: Law’s alternate universeAhousaht Indian Band and Nation v. CanadaCompeting stories: Fictions and factionsWhy are courts enticed by explorer records (and why should they not be)?Archival practicesNotesFictional discourse as law’s mirror and cradle: Metafictional qualities of law in literature“A fearful and wonderful institution” Representing law in sensation novelsFictions of corporate intention: The epistemological problem of the good corporationRemedial fictions: The novelization of habeas corpus and the history of human rightsFictional discourse and the law: A theoretical perspectiveLegal fictions and legal fabricationTwo theories of fictionsLegal fiction as metafictionNotesReferencesLinguistic fictions and legal ruleStatutory fictions as an object of inquiryThe form and function of statutory fictionsLegal fictions and the limits of legal languageCompensatory fictions and the quasi-realist conceptual system of the continental civil codesToward a formal definition of fictionality as institutionalized practiceNotesReferencesCognitive fictionalizing and legal legitimacyFact versus (two kinds of) fictionCounterfactual reasoning as cognitive fictionalizingCognitive fictionalizing in U.S. legal education and cultureExplaining the legal repression of cognitive fictionalizingLaw as a set of possible worldsNotesBibliographyLaw as authoritative fictionLaw and fiction as closed prefixed contextsSaying so makes it soLaw as expressive artifactLaw’s spacio-temporal aspectNotesReferences
 
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