09.12.2026 | College of Fellows
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| Referent/in : |
Dr. Hans Lind |
| Weiterführende Informationen : | Events |
From the Talmudic tradition over Roman law to Islamic law, counterfactuals have populated legal history – and still prevail. While Bentham has denounced such legal fictions as a “a syphilis which runs in every vein and carries into every part of the system” of common law, others have readily welcomed law’s ‘white lies’, later culminating in a praise of both the utility and the aesthetics of legal feigning. Since fictions are indispensable means even in today’s system of legal autopoiesis, the talk will inquire in the different forms and reasons for law’s faking, from the early history of human rights to contemporary public international law.