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1
Frame, Alex. „Fictions in the Thought of Sir John Salmond“. Victoria University of Wellington Law Review 30, Nr. 1 (01.06.1999): 159. http://dx.doi.org/10.26686/vuwlr.v30i1.6021.
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A Lecture delivered for the Stout Centre's "Eminent Victorians" Centennial Series in the Council Chamber, Hunter Building at Victoria University on 31 March 1999. The author pays tribute to the late Sir John Salmond by discussing the role of "fiction" in law and in the thought of Sir John. The author notes the nature of fiction as a formidable force, as it facilitates provisional escape from the tyranny of apparent fact and forget about the suspensory nature of fiction. There are three types of "fictions" in the legal world: legislative fictions, whereby the world is refashioned in accordance with the legislator's desires; constitutional fictions, which places fictional boundaries on government rule; and corporate fiction, which creates a fictional corporate personality for companies. The author concludes that it is purpose that keeps fiction honest, and that the relationship between fiction and purpose is just as important as that between hypothesis and fact.
2
POPA, Alexandru. „Fiktion´ und Fiktionen. Einige Beobachtungen zu terminologischen und sachlichen Unklarheiten in literaturtheoretischem und -wissenschaftlichem Kontext“. Bulletin of the Transilvania University of Brasov. Series IV: Philology and Cultural Studies 14 (63), Special Issue (Januar 2022): 27–38. http://dx.doi.org/10.31926/but.pcs.2021.63.14.3.2.
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The following article discusses some issues regarding the use of the terms ‘fiction’, ‘fictionality’, ‘fictive’ and ‘fictional’ with regard to fictions and fictional expressions or texts. The main concern of this text is to indicate the fact, that ‘fiction’ and fictions are used and treated with a certain amount of ambiguity. It is the case when literature and literary worlds are discussed both in a general context and in scholarly treatment of these issues. Relevant terminological distinctions exist. Still, their use to name their corresponding referents lacks a certain consequence.
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Matravers, Derek. „Non-Fictions and Narrative Truths“. Croatian journal of philosophy 22, Nr. 65 (15.09.2022): 145–60. http://dx.doi.org/10.52685/cjp.22.65.1.
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This paper starts from the fact that the study of narrative in contemporary Anglo-American philosophy is almost exclusively the study of fictional narrative. It returns to an earlier debate in which Hayden White argued that “historiography is a form of fiction-making.” Although White’s claims are hyperbolical, the paper argues that he was correct to stress the importance of the claim that fiction and non-fiction use “the same techniques and strategies.” A distinction is drawn between properties of narratives that are simply properties of narratives and properties of narratives that play a role in forming readers’ beliefs about the world. Using this distinction, it is shown that it is an important feature of non-fictions that they are narratives; it is salutary to recognise non-fictions as being more like fictions than they are like the events they represent.
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García-Carpintero, Manuel. „Assertions in Fictions“. Grazer Philosophische Studien 96, Nr. 3 (12.09.2019): 445–62. http://dx.doi.org/10.1163/18756735-09603013.
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The author of this paper contrasts the account he favors for how fictions can convey knowledge with Green’s views on the topic. On the author’s account, fictions can convey knowledge because fictional works make assertions and other acts such as conjectures, suppositions, or acts of putting forward contents for our consideration; and the mechanism through which they do it is that of speech act indirection, of which conversational implicatures are a particular case. There are two potential points of disagreement with Green in this proposal. First, it requires that assertions can be made indirectly. Second, it requires that verbal fiction-making doesn’t consist merely in “acts of speech”, but in sui generis speech acts.
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Mikkonen, Kai. „Minimal Departure and Fictional Narrative Situations“. Storyworlds: A Journal of Narrative Studies 13, Nr. 2 (Dezember 2021): 71–96. http://dx.doi.org/10.1353/stw.2021.a925851.
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Abstract: Readers understand fictional worlds at least to some extent by drawing on background knowledge of their own world. Some theories of fiction, however, hold that such realistic expectations, or processes of naturalization, are the default attitude in experiencing fictions. Thus, what Marie-Laure Ryan has called the principle of minimal departure (MD) states that readers understand fictional worlds and their components by drawing on background knowledge of their own world, unless otherwise indicated. This article is a critical examination of the relevance of the principle of MD and a contextualization of other theoretical notions of readerly attitude, including Thomas Pavel's principles of maximal departure (MxD) and optimal departure (OD) and Kendall L. Walton's principle of charity, within the broader framework of fictional verisimilitude and believability. The question of relevance will be discussed in relation to the idea of the contract of fiction by which is meant the knowledge that one is reading fiction. The analytic sections of this article focus on the question of fictional narrative situation, which in Ryan's possible-worlds theory functions as the trademark of fiction—as narrators and narratees (or narrative audiences) are exempted from the operations of MD. The "impossible" narrative situations that serve as examples include Jorge Luis Borges's loosely autobiographical story "Funes el memorioso" (1942) and two nineteenth-century French fictions: Guy de Maupassant's short story "La nuit" (1887) and a passage from Émile Zola's roman à thèse, Lourdes (1894).
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Villegas López, Sonia. „Truth and Wonder in Richard Head’s Geographical Fictions“. Sederi, Nr. 30 (2020): 117–37. http://dx.doi.org/10.34136/sederi.2020.6.
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In line with the method prescribed by members of the Royal Society for natural history and travel writing, Richard Head explored the limits of verisimilitude associated with geographical discourse in his three fictions The Floating Island (1673), The Western Wonder (1674) and O-Brazile (1675). In them he argues in favor of the existence of the mysterious Brazile island and uses the factual discourse of the travel diarist to present a semi-mythical place whose very notion stretches the limits of believability. In line with recent critical interpretations of late seventeenth-century fiction as deceptive, and setting the reading of Head’s narrations in connection with other types of travel writing, I argue that Head’s fictions are a means of testing the readers’ gullibility at a time when the status of prose, both fictional and non-fictional, is subject to debate.
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Proudfoot, Diane. „Sylvan's Bottle and other Problems“. Australasian Journal of Logic 15, Nr. 2 (03.07.2018): 95. http://dx.doi.org/10.26686/ajl.v15i2.4858.
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According to Richard Routley, a comprehensive theory of fiction is impossible, since almost anything is in principle imaginable. In my view, Routley is right: for any purported logic of fiction, there will be actual or imaginable fictions that successfully counterexample the logic. Using the example of ‘impossible’ fictions, I test this claim against theories proposed by Routley’s Meinongian contemporaries and also by Routley himself (for what he called ‘esoteric’ works of fiction) and his 21st century heirs. I argue that the phenomenon of impossible fictions challenges even today’s modal Meinongians.
8
Colleyn, Jean-Paul. „Fiction et fictions en anthropologie“. L Homme, Nr. 175-176 (15.10.2005): 147–64. http://dx.doi.org/10.4000/lhomme.1898.
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Colleyn, Jean-Paul. „Fiction et fictions en anthropologie“. L'Homme, Nr. 175-176 (15.10.2005): 147–63. http://dx.doi.org/10.4000/lhomme.29528.
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Villette, Agnès. „Viral Fictions: Navigating Time in Search of Memorial Markers for the Radio-Toxic Landscape of La Hague“. Acta Academiae Artium Vilnensis, Nr. 100 (01.06.2020): 238–73. http://dx.doi.org/10.37522/aaav.100.2021.63.
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Nuclear events have inscribed the 20th century into a new chemical temporality, that generally escapes our scrutiny due to radioactivity’s invisibility. Radioactive particles keep falling back to earth since nuclear tests peaked during the Cold War, they form an iterative invisible presence that is coated in political invisibility. Through films and fictions, the paper traces haunted images that keep coming back. Two distinct geographies are weaved together, that of West Coast American deserts, where numerous tests were conducted, and that of the nuclear peninsula of La Hague, in France. The recurring metaphors of dust and mist, not only characterise the two landscapes, but illustrate how radioactive particles literally journey and affect natural environments and activate the trope of contamination. Viral Fictions address the issue of creating a nuclear marker for La Hague’s burial site. Underlying the fragility of material cultures and the aporia of projecting knowledge through deep time, the article creates a possible im- material fictional nuclear marker for La Hague. Merging a set of references from local folk oral legends with the ability of fiction to transmit forms of knowledge and imaginary archetypes, Viral Fictions uses AI algorithmic software to generate speculative forms of fictions and visuals.
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Ilyas, Safa. „Psychological Effects of Sadaat Hasan Manto’s Fiction on Youth of Lahore, Punjab, Pakistan“. Media and Communication Review 1, Nr. 2 (26.12.2021): 19–37. http://dx.doi.org/10.32350/mcr.12.06.
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This study aims to look at the idea that Manto straightforwardly expounded on man and woman’s intimate relationships. Reading fiction, dramatizations and books are similarly impacted personalities of the readers as visual screenplays, Manto's fiction engravings in all accessible mediums of print and electronic although quotes from his fictions likewise broadly tune in and share in online communities. This persistence of his work accessibility and appreciation touched the researcher to deal with his fiction to check its psychological effects on the youth of Lahore. This inquiry is strengthened by the reader-response theory to identify the youth perception and understandings about his fictions and Uses and Gratification for the resolutions and intentions of youth to escalate his work. The quantitative survey method utilized, and data collected with Purposive sampling, 500 respondents were chosen, the findings of the study showed, that Manto's fictions make anxiety and eroticism in youth along with this his fictions create mindfulness about social taboo`s and social associations.
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Ilyas, Safa. „Psychological Effects of Sadaat Hasan Manto’s Fiction on Youth of Lahore, Punjab, Pakistan“. Media and Communication Review 1, Nr. 2 (26.12.2021): 19–37. http://dx.doi.org/10.32350/mcr.12.06.
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This study aims to look at the idea that Manto straightforwardly expounded on man and woman’s intimate relationships. Reading fiction, dramatizations and books are similarly impacted personalities of the readers as visual screenplays, Manto's fiction engravings in all accessible mediums of print and electronic although quotes from his fictions likewise broadly tune in and share in online communities. This persistence of his work accessibility and appreciation touched the researcher to deal with his fiction to check its psychological effects on the youth of Lahore. This inquiry is strengthened by the reader-response theory to identify the youth perception and understandings about his fictions and Uses and Gratification for the resolutions and intentions of youth to escalate his work. The quantitative survey method utilized, and data collected with Purposive sampling, 500 respondents were chosen, the findings of the study showed, that Manto's fictions make anxiety and eroticism in youth along with this his fictions create mindfulness about social taboo`s and social associations.
13
Mosselaer, Nele Van de. „How Can We Be Moved to Shoot Zombies? A Paradox of Fictional Emotions and Actions in Interactive Fiction“. Journal of Literary Theory 12, Nr. 2 (03.09.2018): 279–99. http://dx.doi.org/10.1515/jlt-2018-0016.
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Abstract How can we be moved by the fate of Anna Karenina? By asking this question, Colin Radford introduced the paradox of fiction, or the problem that we are often emotionally moved by characters and events which we know don’t really exist (1975). A puzzling element of these emotions that always resurfaced within discussions on the paradox is the fact that, although these emotions feel real to the people who have them, their difference from ›real‹ emotions is that they cannot motivate us to perform any actions. The idea that actions towards fictional particulars are impossible still underlies recent work within the philosophy of fiction (cf. Matravers 2014, 26 sqq.; Friend 2017, 220; Stock 2017, 168). In the past decennia, however, the medium of interactive fiction has challenged this crystallized idea. Videogames, especially augmented and virtual reality games, offer us agency in their fictional worlds: players of computer games can interact with fictional objects, save characters that are invented, and kill monsters that are clearly non-existent within worlds that are mere representations on a screen. In a parallel to Radford’s original question, we might ask: how can we be moved to shoot zombies, when we know they aren’t real? The purpose of this article is to examine the new paradox of interactive fiction, which questions how we can be moved to act on objects we know to be fictional, its possible solutions, and its connection to the traditional paradox of fictional emotions. Videogames differ from traditional fictional media in that they let their appreciators enter their fictional worlds in the guise of a fictional proxy, and grant their players agency within this world. As interactive fictions, videogames reveal new elements of the relationship between fiction, emotions, and actions that have been previously neglected because of the focus on non-interactive fiction such as literature, theatre, and film. They show us that fictional objects can not only cause actions, but can also be the intentional object of these actions. Moreover, they show us that emotions towards fictions can motivate us to act, and that conversely, the possibility of undertaking actions within the fictional world makes a wider array of emotions towards fictional objects possible. Since the player is involved in the fictional world and responsible for his actions therein, self-reflexive emotions such as guilt and shame are common reactions to the interactive fiction experience. As such, videogames point out a very close connection between emotions and actions towards fictions and introduce the paradox of interactive fiction: a paradox of fictional actions. This paradox of fictional actions that is connected to our experiences of interactive fiction consists of three premises that cannot be true at the same time, as this would result in a contradiction: 1. Players act on videogame objects. 2. Videogame objects are fictional. 3. It is impossible to act on fictional objects. The first premise seems to be obviously true: gamers manipulate game objects when playing. The second one is true for at least some videogame objects we act upon, such as zombies. The third premise is a consequence of the ontological gap between the real world and fictional worlds. So which one needs to be rejected? Although the paradox of interactive fiction is never discussed as such within videogame philosophy, there seem to be two strategies at hand to solve this paradox, both of which are examined in this article. The first strategy is to deny that the game objects we can act on are fictional at all. Espen Aarseth, for example, argues that they are virtual objects (cf. 2007), while other philosophers argue that players interact with real, computer-generated graphical representations (cf. Juul 2005; Sageng 2012). However, Aarseth’s concept of the virtual seems to be ad hoc and unhelpful, and describing videogame objects and characters as real, computer-generated graphical representations does not account for the emotional way in which we often relate to them. The second solution is based on Kendall Walton’s make-believe theory, and, similar to Walton’s solution to the original paradox of fictional emotions, says that the actions we perform towards fictional game objects are not real actions, but fictional actions. A Waltonian description of fictional actions can explain our paradoxical actions on fictional objects in videogames, although it does raise questions about the validity of Walton’s concept of quasi-emotions. Indeed, the way players’ emotions can motivate them to act in a certain manner seems to be a strong argument against the concept of quasi-emotions, which Walton introduced to explain the alleged non-motivationality of emotions towards fiction (cf. 1990, 201 sq.). Although both strategies to solve the paradox of interactive fiction might ultimately not be entirely satisfactory, the presentation of these strategies in this paper not only introduces a starting point for discussing this paradox, but also usefully supplements and clarifies existing discussions on the paradoxical emotions we feel towards fictions. I argue that if we wish to solve the paradox of actions towards (interactive) fiction, we should treat it in close conjunction with the traditional paradox of emotional responses to fiction.
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Garrido Ardila, Juan Antonio. „Las rutas del «Quijote» por la novela inglesa del siglo XVIII“. Cuadernos de Estudios del Siglo XVIII, Nr. 26 (27.10.2017): 17. http://dx.doi.org/10.17811/cesxviii.26.2016.17-31.
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RESUMENEste artículo sopesa las principales derrotas en las investigaciones en torno a la presencia, recepción e influjo del Quijote en la novela inglesa del siglo XVIII. Se parte aquí de la distinción establecida entre novelas inglesas dieciochescas de temática quijotesca (las denominadas Quixotic fictions) y aquellas cuyas características formales se inspiran en el Quijote (las Cervantean novels). Respecto de las primeras se subraya la escasez deestudios y las muchas posibilidades que estas brindan al estudioso que quiera indagar en el tratamiento satírico de la compleja sociedad que las inspiró. De las Cervantean novels se destaca su engarce con la literatura de los dos siglos precedentes. La influencia cervantina en autores del Dieciocho como Fielding, Smollett y Sterne, en contraposición a la influencia picaresca en el Diecisiete, se explica aquí por razón de la necesidad, enla primera mitad del XVIII, de dotar la narrativa inglesa de las características formales de la novela moderna, lo cual hallaron en el Quijote.PALABRAS CLAVECervantes en Inglaterra, Quijote, novela inglesa del siglo XVIII, ficción cervantina, ficción quijotesca. TITLE«Don Quixote’s» sallies in eighteenth-century english fictionABSTRACTThis article is a critique of the mainstream strands in the research into Don Quixote’s reception in England and its influence on eighteenth-century English fiction. It offers a survey of the fictional narratives with a quixotic theme (the so-called Quixotic fictions) and those which deploy formal features taken from Don Quixote(known as Cervantean novels). The discussion of Quixotic fictions notes they have attracted little critical attention, and suggests the need for future studies of their intriguing satirical scope. This article also pinpoints the need to study Cervantean fictions of the eighteenth century in relation to seventeenth-century English fiction. This article notes that whilst Spanish picaresque novels were the main foreign influence on English fiction of the seventeenth century, the great writers of the eighteenth century, namely Fielding, Smollett and Sterne, preferred Don Quixote since Cervantes’ novel provided them with the formal features of the modern novel, at a time when these authors sought to establish canon of modern fiction in the English language.KEY WORDSCervantes in England, Don Quixote, eighteenth-century English novel, Cervantean fiction, Quixotic fiction.
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Van De Mosselaer, Nele. „Imaginative Desires and Interactive Fiction: On Wanting to Shoot Fictional Zombies“. British Journal of Aesthetics 60, Nr. 3 (09.12.2019): 241–51. http://dx.doi.org/10.1093/aesthj/ayz049.
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Abstract What do players of videogames mean when they say they want to shoot zombies? Surely they know that the zombies are not real, and that they cannot really shoot them, but only control a fictional character who does so. Some philosophers of fiction argue that we need the concept of imaginative desires (or ‘i-desires’) to explain situations in which people feel desires towards fictional characters or desires that motivate pretend actions. Others claim that we can explain these situations without complicating human psychology with a novel mental state. Within their debates, however, these scholars exclusively focus on non-interactive fictions and children’s games of make-believe. In this paper, I argue that our experience of immersive, interactive fictions like videogames gives us cause to reappraise the concept of imaginative desires. Moreover, I describe how i-desires are a useful conceptual tool within videogame development and can shed new light on apparently immoral in-game actions.
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Fitzpatrick, Noel. „The question of Fiction – nonexistent objects, a possible world response from Paul Ricoeur“. Kairos. Journal of Philosophy & Science 17, Nr. 1 (01.12.2016): 137–53. http://dx.doi.org/10.1515/kjps-2016-0020.
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Abstract The question of fiction is omnipresent within the work of Paul Ricoeur throughout his prolific career. However, Ricoeur raises the questions of fiction in relation to other issues such the symbol, metaphor and narrative. This article sets out to foreground a traditional problem of fiction and logic, which is termed the existence of non-existent objects, in relation to the Paul Ricoeur’s work on narrative. Ricoeur’s understanding of fiction takes place within his overall philosophical anthropology where the fictions and histories make up the very nature of identity both personal and collective. The existence of non-existent objects demonstrates a dichotomy between fiction and history, non-existent objects can exist as fictional objects. The very possibility of the existence of fictional objects entails ontological status considerations. What ontological status do fictional objects have? Ricoeur develops a concept of narrative configuration which is akin to the Kantian productive imagination and configuration frames the question historical narrative and fictional narrative. It is demonstrated that the ontological status of fictional objects can be best understood in a model of possible worlds.
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Chakravorty, Mrinalini. „The Dead That Haunt Anil's Ghost: Subaltern Difference and Postcolonial Melancholia“. PMLA/Publications of the Modern Language Association of America 128, Nr. 3 (Mai 2013): 542–58. http://dx.doi.org/10.1632/pmla.2013.128.3.542.
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Anil's Ghost, Michael Ondaatje's haunting novel about the Sri Lankan civil war, probes paradoxes that arise in postcolonial fictional representations of transnational violence. What is conveyed by novels of war and genocide that cast the whole of a decolonial territory as a “deathworld”? The prism of death in Anil's Ghost requires readers of this text to relinquish settled notions of how we as humans understand our finitude and our entanglements with the deaths of others. Postcolonial fictions of violence conjoin historical circumstance with phantasmatic expressions to raise important questions about mourning, collective agency, and the subalternity of postcolonial societies. Advancing a theory about “postcolonial crypts” in fiction, I argue that postcolonial fictions' attention to violence transforms notions about the value of human life appraised through a dominant human rights framework.
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Bourlot, Gilles. „Fictions et destins des fictions : enjeux épistémologiques de la fiction chez Freud“. Cliniques méditerranéennes 84, Nr. 2 (2011): 75. http://dx.doi.org/10.3917/cm.084.0075.
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Abramova, Elena V. „Legal fictions as ideological source of law“. Law Enforcement Review 3, Nr. 4 (16.01.2020): 24–29. http://dx.doi.org/10.24147/2542-1514.2019.3(4).24-29.
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The subject. The article studies legal fictions from the point of view of their correlation with ideological sources of law.The purpose of the article is to confirm or disprove hypothesis that legal fictions may be described as one of the ideological sources of law.The methodological basis for the study includes analysis and synthesis, interpretation of legal literature.Results, scope of application. Legal fictions are legal provisions enshrined in the text of regulatory legal acts in the form of separate regulatory regulations. They play an important role in lawmaking and in the mechanism of legal regulation. Fictions perform the function of protecting various interests and the function of procedural economy, contribute to the rapid and correct resolution of the case on the merits, have the necessary impact on the participants of the proceedings.Legal fictions have their own set of features. They are characterized by a) the deliberate falsity of the assumption; b) this assumption is legally irrefutable, the possibility of proving the opposite is excluded; c) the assumption is legal. provided for in regulatory legal acts; d) assumption, which is given the importance of legal facts.The ideological significance of legal fictions as sources of law is manifested in the fact that they are associated with legal norms, in the content of many of them; this is a special kind of legal norm, in the content of which there is a certain fiction; fictions are one of the means of formalization of normative material and simplification of the structure of actual compositions. Legal fictions are widely used in the gaps in the law, are one of the ways to effectively fill them.Legal fictions bring clarity to the legal regulation of public relations, being a necessary part of legal regulation. Fictions participate in legal regulation in two forms (types): through theoretical and practical (normative) constructions. Theoretical fictions, being a part of the legal doctrine, act as independent regulators (for example, constructions of the legal entity, the state, etc.). Legal fictions perform certain functions. They eliminate the uncertainty in the legal regulation; they help to simplify legal relations and make legal regulation stable and stable; they help to translate everyday reality into legal reality; they help to simplify legal relations and make legal regulation stable and stable.Conclusions. Legal fiction can be considered an ideological source of law, if we consider it as a legal fact, its variety. But this characteristic is not prevailing among other significant properties of legal fictions.
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Hansom, Paul, Christine Brooke-Rose und Lars Ole Sauerberg. „Fictional Theories and Theoretical Fictions“. Contemporary Literature 34, Nr. 4 (1993): 797. http://dx.doi.org/10.2307/1208813.
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García-Carpintero, Manuel. „Predelli on Fictional Discourse“. Journal of Aesthetics and Art Criticism 80, Nr. 1 (09.11.2021): 83–94. http://dx.doi.org/10.1093/jaac/kpab062.
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Abstract John Searle argues that (literary) fictions are constituted by mere pretense—by the simulation of representational activities like assertions, without any further representational aim. They are not the result of sui generis, dedicated speech acts of a specific kind, on a par with assertion. The view had earlier many defenders, and still has some. Stefano Predelli enlists considerations derived from Searle in support of his radical fictionalism. This is the view that a sentence of fictional discourse including a prima facie empty fictional name like “Emma Woodhouse” in fact “is not a sentence, and it encodes no proposition whatsoever.” His argument is broadly abductive; he claims that this view affords compelling explanations of features of fictions he finds well-established, among them that fictions without explicit narrators nonetheless have covert ones. Here I take up his arguments, in defense of the dedicated speech act view. I thus address pressing issues about the status of fictional names and the nature and ubiquity of narrators in fictions.
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Solove, Daniel J., und L. H. LaRue. „Fictions about Fictions“. Yale Law Journal 105, Nr. 5 (März 1996): 1439. http://dx.doi.org/10.2307/797184.
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Hayaki, Reina. „Fictions within fictions“. Philosophical Studies 146, Nr. 3 (17.09.2008): 379–98. http://dx.doi.org/10.1007/s11098-008-9272-7.
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Barikova, Anna. „LEGAL FICTIONS FOR ADMINISTRATIVE COURTS“. Administrative law and process, Nr. 4 (27) (2019): 102–14. http://dx.doi.org/10.17721/2227-796x.2019.4.09.
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Goal. The paper reveals features of applying administrative procedural legal fictions in order to avoid abuse of the right and evasion of the law when exercising procedural discretion. Methods. For achievement of research purposes, the author uses special legal methods of scientific knowledge: formal-logical, system-functional, formal-logical, comparative-legal. Results. Historiography of the legal fictions use has been dealt with. Essence of fictions has been highlighted in the paper as legal anomalies. The use of legal fictions in the administrative process has been detailed, taking into account the Grundnorm theory. The connection between legal fictions and legal regulations has been revealed. The legal fiction has been described as a reinterpretation of the facts of an event in order to make these facts compatible with the rule, and at the same time allowing to get the correct result. This is a type of legal fiction-reinterpreting X (or class X) as Y in order to avoid an “inconvenient”, unreliable, false, etc. result for the purposes of the law. As a rule, it is recognized that X is not Y. That is, the court considers the creation of a fiction as a legitimate action within the framework of the judicial process; the activity that could be performed without concealment as a discretely true category. Case law on the application of legal fictions has been described. It has been advised to use legal fictions when considering and resolving disputes, provided that there are false or clearly erroneous judgments in the provisions of existing applicable legal rules. As a consequence, time and resource costs for clarifying the facts of the case and over-motivating the judgment are minimized. Conclusions. Firstly, features of legal fictions have been highlighted, in particular, for achieving the goals and objectives of administrative proceedings. Secondly, the classification of arguments, methods and approaches to the application of such atypical regulators in the administrative process has been proposed by the “meta” degree: 1) on the fundamental metric – internal, or zero-order arguments; 2) at the derivative definitive level – by defining functional, structural and relative concepts.
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Simon, Sherry, und Gilles Bibeau. „Ethnographie et fiction – Fictions de l’ethnographie“. Anthropologie et Sociétés 28, Nr. 3 (2004): 7. http://dx.doi.org/10.7202/011280ar.
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Teo, Hsu-Ming. „Historical fiction and fictions of history“. Rethinking History 15, Nr. 2 (Juni 2011): 297–313. http://dx.doi.org/10.1080/13642529.2011.570490.
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Summerley, Rory. „Approaches to Game Fiction Derived from Musicals and Pornography“. Arts 7, Nr. 3 (27.08.2018): 44. http://dx.doi.org/10.3390/arts7030044.
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This paper discusses the construction of consistent fictions in games using relevant theory drawn from discussions of musicals and pornography in opposition to media that are traditionally associated with fiction and used to discuss games (film, theatre, literature etc.). Game developer John Carmack’s famous quip that stories in games are like stories in pornography—optional—is the impetus for a discussion of the role and function of fiction in games. This paper aims to kick-start an informed approach to constructing and understanding consistent fictions in games. Case studies from games, musicals, and pornography are cross-examined to identify what is common to each practice with regards to their fictions (or lack thereof) and how they might inform the analysis of games going forward. To this end the terms ‘integrated’, ‘separated’, and ‘dissolved’ are borrowed from Dyer’s work on musicals, which was later employed by Linda Williams to discusses pornographic fictions. A framework is laid out by which games (and other media) can be understood as a mix of different types of information and how the arrangement of this information in a given work might classify it under Dyer’s terms and help us understand the ways in which a game fiction is considered consistent or not.
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Grishakova, Marina, Remo Gramigna und Siim Sorokin. „Imaginary scenarios: On the use and misuse of fiction“. Frontiers of Narrative Studies 5, Nr. 1 (02.07.2019): 112–29. http://dx.doi.org/10.1515/fns-2019-0008.
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AbstractThis paper argues that the examination of representational (formal) and semantic (referential) features of fictional and factual narratives would be incomplete without discussing specific pragmatic (communicative, performative, heuristic, and cognitive) functions of fiction – how and why “fictions” are used in literature and arts, but also in scientific, philosophical, and everyday discourses. On the one hand, the pragmatic approach blurs the fictional/ factual divide and identifies similarities in the use of fiction across disciplinary borders. On the other, as we argue, to avoid panfictionalism inherent in Vaihinger’s philosophy of “as if” the pragmatic act of boundary-crossing should be accompanied by mapping out new “cross-territorial” forms and distinctions. The paper revises and recasts the “cross-territorial” concept of scenario as a narrative structure and a type of fictional modeling and explores its semantic and pragmatic features.
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Hanff, William. „Real and Semi-Real – an Architectural Backstory for Flusser’s Dual Scientific Fictions“. Revista Memorare 8, Nr. 1 (21.07.2021): 81. http://dx.doi.org/10.19177/memorare.v1e1202181-92.
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Vilém Flusser’s approaches to epistemology and science fiction are explored in connection with the fictionalism of Hans Vaihinger and other late 19th and early 20th century philosophies, as well as using an architectural metaphor of scaffolding and blueprints. From his 1980 essay “Science Fiction” Flusser’s two approaches to science fictions are labeled as 1) a ‘falsification strategy’ and 2) an ‘epistemology of improbability.’ These are further explored as metaphors for architecture and building based on ideas from his “Wittgenstein’s Architecture” in The Shape of Things: a Philosophy of Design and compared and contrasted with visual metaphors of the fantastic in the paper architecture called The Obscure Cities series by François Schuiten and Benoît Peeters. Further reinforcing the connection between Flusser’s and Vaihinger’s philosophies, semi-fictions and real fictions are envisioned as a type of new media architecture.
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Hanff, William. „Real and Semi-Real – an Architectural Backstory for Flusser’s Dual Scientific Fictions“. Revista Memorare 8, Nr. 1 (21.07.2021): 81. http://dx.doi.org/10.19177/memorare.v8e1202181-92.
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Vilém Flusser’s approaches to epistemology and science fiction are explored in connection with the fictionalism of Hans Vaihinger and other late 19th and early 20th century philosophies, as well as using an architectural metaphor of scaffolding and blueprints. From his 1980 essay “Science Fiction” Flusser’s two approaches to science fictions are labeled as 1) a ‘falsification strategy’ and 2) an ‘epistemology of improbability.’ These are further explored as metaphors for architecture and building based on ideas from his “Wittgenstein’s Architecture” in The Shape of Things: a Philosophy of Design and compared and contrasted with visual metaphors of the fantastic in the paper architecture called The Obscure Cities series by François Schuiten and Benoît Peeters. Further reinforcing the connection between Flusser’s and Vaihinger’s philosophies, semi-fictions and real fictions are envisioned as a type of new media architecture.
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Franzén, Nils. „A Sensibilist Explanation of Imaginative Resistance“. Canadian Journal of Philosophy 51, Nr. 3 (April 2021): 159–74. http://dx.doi.org/10.1017/can.2021.10.
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AbstractThis article discusses why it is the case that we refuse to accept strange evaluative claims as being true in fictions, even though we are happy to go along with other types of absurdities in such contexts. For instance, we would refuse to accept the following statement as true, even in the context of a fiction: (i) In killing her baby, Giselda did the right thing; after all, it was a girl.This article offers a sensibilist diagnosis of this puzzle, inspired by an observation first made by David Hume. According to sensibilism, the way we feel about things settles their evaluative properties. Thus, when confronted with a fictional scenario where the configuration of non-evaluative facts and properties is relevantly similar to the actual world, we refuse to go along with evaluative properties being instantiated according to a different pattern. It is the attitudes we hold in the actual world that fix the extension of evaluative terms, even in nonactual worlds. When engaging with a fiction, we (to some extent) leave our beliefs about what the world is like behind, while taking our emotional attitudes with us into the fiction.To substantiate this diagnosis, this paper outlines a sensibilist semantics for evaluative terms based on recent discussion regarding predicates of personal taste, and explains how, together with standard assumptions about the nature of fictional discourse, it makes the relevant predictions with respect to engagement with fictions.
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Prasad, Amar Nath. „The Non-fictions of V.S. Naipaul: A Critical Exploration“. Creative Saplings 1, Nr. 8 (2022): 1–11. http://dx.doi.org/10.56062/gtrs.2022.1.8.168.
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V. S. Naipaul is an eminent literary figure in the field of modern fiction, non-fiction, and travelogue writing in English literature. He earned a number of literary awards and accolades, including the covetous Nobel Prize and Booker Prize. His non-fiction e.g., An Area of Darkness, India: A Wounded Civilization, The Loss of El Dorado, India: A Million Mutinies Now and Beyond Belief are a realistic portrayal of the various types of religion, culture, customs, and people of India. As an author, the main purpose of V. S. Naipaul is to deliver the truth; because poets are the unacknowledged legislators of mankind. The fact that V. S. Naipaul has presented in his non-fiction is more authentic and realistic than that of his fiction. Nonetheless, it is fictional work that is elaborately explored, discussed, and analyzed in abundance. On the other hand, his non-fiction, by and far, remains aloof. In the last few decades, non-fictions are also taking the ground strongly. Now non-fiction writings are being analyzed, elucidated, and explored based on various theoretical principles of literary criticism. V. S. Naipaul carried the new genre to new heights and achievements. He is of Indian descent and known for his pessimistic works set in developing countries. He visited India several times, like Pearl S. Buck and E. M. Forster. So, his presentation of Indian religion, society, culture, and politics are very realistic. His vision and ideas are very close to the modern thoughts and visions of both the east and the west.
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Аnchishina, E. A. „THE ROLE OF LEGAL FICTIONS IN MODERN LAW ENFORCEMENT PRACTICE“. Bulletin of Udmurt University. Series Economics and Law 30, Nr. 5 (12.11.2020): 697–705. http://dx.doi.org/10.35634/2412-9593-2020-30-5-697-705.
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This article is devoted to defining the role of legal fictions in modern law enforcement practice. To do this, the author reveals the content of this category, paying attention to the absence of the need to consider fiction as something false and contrary to objective reality. Further, the author defines the meaning of legal fictions, conducting a detailed analysis of their main functions on the example of the civil legislation of the Russian Federation and the corresponding law enforcement practice. At the same time, its practical aspect is mainly studied. The main attention is paid to the protective function of legal fiction, the essence of which, as the author shows, is to restore violated rights and establish a balance of interests of the parties to the legal relationship, as well as to protect the rights of third parties. The features of this function are considered on the examples of the following fictions: fiction of the occurrence of a condition or non-occurrence of a condition; fiction of the presence of powers; fiction of non-conclusion of a contract. The author comes to the conclusion that fiction as a method of legal technique is used not only by the legislator, but also finds independent application in practice, which is reflected in the explanations of higher courts considered in this article.
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García-Carpintero, Manuel. „Singular Reference in Fictional Discourse?“ Disputatio 11, Nr. 54 (01.12.2019): 143–77. http://dx.doi.org/10.2478/disp-2019-0015.
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Abstract Singular terms used in fictions for fictional characters raise well-known philosophical issues, explored in depth in the literature. But philosophers typically assume that names already in use to refer to “moderatesized specimens of dry goods” cause no special problem when occurring in fictions, behaving there as they ordinarily do in straightforward assertions. In this paper I continue a debate with Stacie Friend, arguing against this for the exceptionalist view that names of real entities in fictional discourse don’t work there as they do in simple-sentence assertions, but rather as fictional names do.
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Savage, Paul, Joep P. Cornelissen und Henrika Franck. „Fiction and Organization Studies“. Organization Studies 39, Nr. 7 (08.06.2017): 975–94. http://dx.doi.org/10.1177/0170840617709309.
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The topic of fiction is in itself not new to the domain of organization studies. However, prior research has often separated fiction from the reality of organizations and used fiction metaphorically or as a figurative source to describe and interpret organizations. In this article, we go beyond the classic use of fiction, and suggest that fiction should be a central concern in organization studies. We draw on the philosophy of fiction to offer an alternative account of the nature of fiction and its basic operation. We specifically import Searle’s work on speech acts, Walton’s pretense theory, Iser’s fictionalizing acts, and Ricoeur’s work on narrative fiction to theorize about organizations as fictions. In doing so, we hope that we not only offer an account of the “ontological status” of organizations but also provide a set of theoretical coordinates and lenses through which, separately or together, the notion of organizations as fictions can be approached and understood.
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Bannet, Eve Tavor. „Pluralist Theory-Fictions and Fictional Politics“. Philosophy and Literature 13, Nr. 1 (1989): 28–41. http://dx.doi.org/10.1353/phl.1989.0089.
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Wilhelms, Lina. „“Esa zona indeterminada donde se cruzan la ficción y la verdad": Ficciones, realidades y la lectura como agentes críticos en El camino de Ida de Ricardo Piglia“. Philologica Canariensia, Nr. 30 (2024) (22.06.2024): 569–87. http://dx.doi.org/10.20420/phil.can.2024.691.
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This article analyses Ricardo Piglia's last novel, El camino de Ida (2013), which is influenced by the emphatic concept of fiction and the epistemological potential of literature, postulated by its author. The article discusses how the author aims to develop through his crime fiction a capacity for critical reading allowing us to recognise and read the state and economic fictions that, according to Piglia, fill reality. It will be shown how Piglia deliberately plays with fictional and factual elements at various levels of the complex narrative to provoke a critical and even suspicious attitude and to incite a reflection on reading. Thus, the novel anticipates on a meta-level central aspects of the recent debate between "critique and postcritique".
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Egerton, Karl. „Player Engagement with Games: Formal Reliefs and Representation Checks“. Journal of Aesthetics and Art Criticism 80, Nr. 1 (29.10.2021): 95–104. http://dx.doi.org/10.1093/jaac/kpab058.
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Abstract Alongside the direct parallels and contrasts between traditional narrative fiction and games, there lie certain partial analogies that provide their own insights. This article begins by examining a direct parallel between narrative fiction and games—the role of fictional reliefs and reality checks in shaping aesthetic engagement—before arguing that from this a partial analogy can be developed stemming from a feature that distinguishes most games from most traditional fictions: the presence of rules. The relation between rules and fiction in games has heretofore been acknowledged but not examined in detail, giving an impression of a tension that is constant. However, the paired concepts of formal reliefs and representation checks, once introduced, allow us to explain how rules and fiction interact to alter the ways in which players engage with games in a dynamic but limited way.
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Quinn, Michael. „Fuller on legal fictions: a Benthamic perspective“. International Journal of Law in Context 9, Nr. 4 (Dezember 2013): 466–84. http://dx.doi.org/10.1017/s1744552313000256.
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AbstractThis paper attempts first to explain Bentham's distinction between a fiction and the name of a fictitious entity, and to relate that distinction to his rationale for the critique of legal fictions. A second goal of the paper is to investigate the tensions involved in Bentham's ontology and epistemology, and more specifically the tension between the objectivist and subjectivist Bentham. It is argued that Bentham's objections to legal fictions were traceable to their use in deceptive or fallacious argument, whilst his logic provided a means of rehabilitating the use of the names of those fictitious entities which could be explicated through his technique of paraphrasis (that is, explained in terms of real entities), in relation to which both meaning and truth might be exchanged. This realist perspective differs markedly from that of Fuller, who, following Vaihinger, rejects the attempt to replace fiction with truth. There are significant areas of agreement between Bentham and Fuller, on the figurative nature of much language, and even, in certain contexts, on the utility of the self-conscious deployment of fictions. However, in the context of law and morality, it appears that his development of a route to truth through paraphrasis makes Bentham the enemy of fictions, since, in this field at least, truth and utility stand or fall together.
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Valsiner, Jaan. „Between fiction and reality: Transforming the semiotic object“. Sign Systems Studies 37, Nr. 1/2 (15.12.2009): 99–113. http://dx.doi.org/10.12697/sss.2009.37.1-2.05.
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(Commentary on Umberto Eco’s article On the ontology of fictional characters: A semiotic approach in the present issue.)The contrast between real and fictional characters in our thinking needs further elaboration. In this commentary on Eco’s look at the ontology of the semiotic object, I suggest that human semiotic construction entails constant modulation of the relationship between the states of the real and fictional characters in irreversible time. Literary characters are examples of crystallized fictions which function as semiotic anchors in the fluid construction — by the readers — of their understandings of the world. Literary characters are thus fictions that are real in their functions — while the actual reality of meaningmaking consists of ever new fictions of fluid (transitory) nature. Eco’s ontological look at the contrast of the semiotic object with perceptual objects (Gegenstände) in Alexius Meinong’s theorizing needs to be complemented by the semiotic subject. Cultural mythologies of human societies set the stage for such invention and maintenance of such dynamic unity of fictionally real and realistically fictional characters.
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Joyce, Michael. „Liquid fictions: “between electronic and paper fiction”“. Revue Française d Etudes Américaines 128, Nr. 2 (2011): 15. http://dx.doi.org/10.3917/rfea.128.0015.
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Blistène, Pauline. „Fictions du secret, secrets de la fiction“. Inflexions N° 47, Nr. 2 (03.05.2021): 133–40. http://dx.doi.org/10.3917/infle.047.0133.
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Rohdie, Sam. „National fiction: A review of “National Fictions”“. Continuum 1, Nr. 1 (Januar 1988): 156–58. http://dx.doi.org/10.1080/10304318809359327.
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Anne-Braun, Alexis, und Alexandre Declos. „Interactivité de la fiction, fictions de l’interactivité“. Cahiers de philosophie de l’Université de Caen, Nr. 60 (17.11.2023): 115–42. http://dx.doi.org/10.4000/cpuc.2146.
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Hanke, Miroslav. „Science as Pretence“. Studia Neoaristotelica 20, Nr. 2 (2023): 147–92. http://dx.doi.org/10.5840/studneoar20232024.
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The paper addresses the concept of useful fiction in texts authored by the fourteenth-century nominalists Henry Harclay, William Ockham, John Buridan and Nicholas Oresme. Three fundamental ideas related to fictionalism will be documented. First, the view that statements about fictions are covert conditionals with impossible antecedents. Second, the view that the primary concern with fictions is their practical utility, i.e., applicability in the context of a scientific discipline. Third, the view that it is useful to pretend that fictions of a certain kind can be used uniformly to represent physical reality, such that a natural phenomenon A is pretended to be a B, where Bs themselves are only pretended to be real.
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Gauci, Gotthard Mark. „The Ship as an Extension of Flag State Territory and an Entity with Human Attributes – Is it Time to Jettison These Legal Fictions?“ International and Comparative Law Review 21, Nr. 2 (01.12.2021): 7–28. http://dx.doi.org/10.2478/iclr-2021-0011.
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Summary This article questions the need for the use of two legal fictions in modern maritime law: that a vessel/ship can in certain instances be treated as an extension of flag state territory; that a vessel/ship is an entity with human attributes. The article addresses the first ‘fiction’ mainly in the context of applicable international law as well as English law; the second ‘fiction’ is addressed mainly in the context of English law although selective reference is made to both primary and secondary legal sources from the United States. The article concludes that the two fictions are only of limited value in modern maritime law.
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Larkin, Edward. „Empiricist Fictions, Fictions of Empiricism“. Novel 49, Nr. 2 (August 2016): 372–75. http://dx.doi.org/10.1215/00295132-3509147.
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Levander, C. „Consenting Fictions, Fictions of Consent“. American Literary History 16, Nr. 2 (01.06.2004): 318–28. http://dx.doi.org/10.1093/alh/ajh014.
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Chander, Manu Samriti, und Eugenia Zuroski. „Refusing Eighteenth-Century Fictions: Introduction“. Eighteenth-Century Fiction 36, Nr. 1 (01.01.2024): 1–5. http://dx.doi.org/10.3138/ecf.36.1.1.
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In this introductory essay, we take issue with David Hume’s distinction between “fiction” and “belief” by arguing that the relationship between these categories depends as much on existing structures of authority and power as it does on individual judgment or feeling. We then describe the objectives of the two-part ECF special issue “Refusing 18th-Century Fictions”: to provide critical analyses of how particular eighteenth-century fictions attained the status of material realities that continue to condition lived worlds in the twenty-first century, and to prompt ongoing and future efforts to imagine and materialize realities beyond racial capitalism and settler colonialism.
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Chander, Manu Samriti, und Eugenia Zuroski. „Refusing Eighteenth-Century Fictions: Introduction“. Eighteenth-Century Fiction 36, Nr. 2 (01.04.2024): 203–7. http://dx.doi.org/10.3138/ecf.36.2.203.
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In this introductory essay, we take issue with David Hume’s distinction between “fiction” and “belief ” by arguing that the relationship between these categories depends as much on existing structures of authority and power as it does on individual judgment or feeling. We then describe the objectives of the two-part ECF special issue “Refusing 18th-Century Fictions”: to provide critical analyses of how particular eighteenth-century fictions attained the status of material realities that continue to condition lived worlds in the twenty-first century, and to prompt ongoing and future efforts to imagine and materialize realities beyond racial capitalism and settler colonialism.