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Fuller on legal fictions

Law and Philosophy 2 (3):339 - 370 (1983)

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  1. Law and philosophy: selected papers in legal theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
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  • What are Conditional Intentions?Kirk Ludwig - 2015 - Methode: Analytic Perspectives 4 (6):30-60.
    The main thesis of this paper is that, whereas an intention simpliciter is a commitment to a plan of action, a conditional intention is a commitment to a contingency plan, a commitment about what to do upon (learning of) a certain contingency relevant to one’s interests obtaining. In unconditional intending, our commitment to acting is not contingent on finding out that some condition obtains. In conditional intending, we intend to undertake an action on some condition, impinging on our interests, which (...)
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  • The Legal Fiction in Criminal Proceedings – Is it Historical Anachronism or Objectively Conditional Necessity?Artūras Panomariovas - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (2):725-738.
    Quite often, for one or the other purpose, the fact (or phenomenon) that does not exist is presented to the society or individuals as the real, really existing although it (the fact or phenomenon) simply does not exist in the real life. And often the term “fiction” is used to describe such phenomena. Although fiction is considered an inseparable companion of a social life, the question arises what the actual (true) fiction is and whether the use of it in criminal (...)
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  • Reflections on Law and Its Inner Morality.Csaba Varga - 1985 - Rivista Internazionale di Filosofia Del Diritto 62 (3):439-451.
    1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...)
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