Book Review - Benthamâ€™s Theory Of Fictions
AbstractThis review1 is a commentary on Ogdenâ€™s introduction to Jeremy Benthamâ€™s Theory of Fictions. 2 It tries to show that legal fiction suggests fraud by the user, and more, may well mislead the court. Ogdenâ€™s introduction separates into five major headings. There is a still a tendency among practising lawyers to speak in pejorative tones about the study of jurisprudence. This tendency may be an indicium of a failure to understand the lawâ€™s underlying reasoning, and instead, to prefer the lawâ€™s cultus,3 manifesting as fraud and abuse of legislative power. In this view, the reasons are the rules themselves. Therefore, this review addresses Ogdenâ€™s sections on legal fictions,the vocabulary of fiction,the technique of definition, and fallacies. The review will not discuss Ogdenâ€™s conclusion or his note on Benthamâ€™s method of composition.
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How to Cite
Lilienthal, G. (2015). Book Review - Benthamâ€™s Theory Of Fictions. UUM Journal of Legal Studies, 6, 41–44. Retrieved from https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls.6.2015.4594