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Fictional Discourse and the Law
From narrative to fiction in legal theory and practice
Theorizing fictional discourse: Toward a reassessment of the fact–fiction dichotomy in legal theory and practice
From narrative to fiction in legal theory and practice
The basis of the fact-fiction dichotomy
Truth and fiction reconsidered
Fictional discourse and fictional theory
Speech act approaches to fictionality
Mapping the conceptual network: Family resemblance, prototype theory and the problem of hierarchical taxonomies
Notes
Bibliography
The ubiquity of fictional discourse in legal theory and practice
Fictions of constitutional privacy: Toward a linguistic subject
Griswold’s fictions
A linguistic subject of privacy
Acknowledgment
Notes
Adultery, criminality and the fiction of the king’s body
Memory, history, and forgetting: Shelby County, Alabama v. Holder
Introducton
Ricoeurian concepts of memory, history, forgetting
Juridical context of the Shelby decision
The Shelby County, Alabama v. Holder opinion
Chief Justice Roberts’s majority opinion
Justice Ginsburg’s dissent
Notes
Boilerplate: Deconstructing the fiction of contract
A matter of evidence? Fact and fiction in the courtroom
Dying declarations
Rap as courtroom reality
Fiction as courtroom fact? Exploration accounts as evidence in aboriginal rights and title litigation
Introducton
The Canadian jurisprudence
Constructing narratives: Law’s alternate universe
Ahousaht Indian Band and Nation v. Canada
Competing stories: Fictions and factions
Why are courts enticed by explorer records (and why should they not be)?
Archival practices
Notes
Fictional discourse as law’s mirror and cradle: Metafictional qualities of law in literature
“A fearful and wonderful institution” Representing law in sensation novels
Fictions of corporate intention: The epistemological problem of the good corporation
Remedial fictions: The novelization of habeas corpus and the history of human rights
Fictional discourse and the law: A theoretical perspective
Legal fictions and legal fabrication
Two theories of fictions
Legal fiction as metafiction
Notes
References
Linguistic fictions and legal rule
Statutory fictions as an object of inquiry
The form and function of statutory fictions
Legal fictions and the limits of legal language
Compensatory fictions and the quasi-realist conceptual system of the continental civil codes
Toward a formal definition of fictionality as institutionalized practice
Notes
References
Cognitive fictionalizing and legal legitimacy
Fact versus (two kinds of) fiction
Counterfactual reasoning as cognitive fictionalizing
Cognitive fictionalizing in U.S. legal education and culture
Explaining the legal repression of cognitive fictionalizing
Law as a set of possible worlds
Notes
Bibliography
Law as authoritative fiction
Law and fiction as closed prefixed contexts
Saying so makes it so
Law as expressive artifact
Law’s spacio-temporal aspect
Notes
References
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