WebAug 16, 2009 · Fiction is the resource of weakness which, in order to obtain its object, assumes as a fact what is known to be contrary to truth: when the legislator desires to accomplish his object, he need not feign, he commands. Fictions of law owe their origin to the legislative usurpations of the bench. WebA legal fiction is a proposition about the substance or procedure of the legal system, purporting to be a principle or rule material to the determination of cases, which rests in whole or in part on factual premises known to be inaccurate at …
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Web: a work of fiction especially : novel Her latest work is a fiction set during the Civil War. 2 a : an assumption of a possibility as a fact irrespective of the question of its truth a legal … WebA legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively … colon infection treatment diet
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WebThe fiction that a corporation is a person warranting certain constitutional protections, for example, obviously has spread like kudzu since the Supreme Court first propounded this … WebTo pose the question whether or not law is a fiction is, equally, to pose a question about the relationship between legal theory and legal history. 1 For the idea of fictions in law is … WebDec 16, 2013 · It is pertinent to add here that Mitchell defines a legal fiction as a ‘device for attaining a desired legal consequence, or avoiding an undesired legal consequence’, … colon infection pain medication