Description
Book SynopsisThis innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.
The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more.
Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.
Trade Review‘The topic of legal fictions is making a much-deserved comeback, following Jeremy Bentham’s scornful critique of them in English common law. In this cautiously enthusiastic defence, Reece Lewis identifies, taxonomises and evaluates the presence of fictions in international law. The result is a treat for international lawyers and legal theorists alike.’ -- Maksymilian Del Mar, Queen Mary University of London, UK
Table of ContentsContents: 1. Introduction: examining international legal fictions 2. Legal fictions 3. International legal fictions 4. The evaluation of international legal fictions 5. Effective elements of international legal fictions 6. Detrimental elements of international legal fictions 7. Implications and reflection 8. Conclusion Bibliography Index
