Abstract

This paper analyses legal fictions—the use of certain constructs in legal reasoning—through the eyes of law’s fictions—the way in which law accounts for fictional objects in copyright law. Recent developments in philosophy that saw increased interest by analytical philosophers and logicians in the Austrian tradition of ontology, provide the theoretical framework for analysing both types of occurrence of fictional objects in legal discourse. This paves the way for a future formal and computational theory of copyright law on the one hand, a ‘computational metaphysics’ of the jurisprudential theory of legal fictions on the other.

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