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Legal Fiction |
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An assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it. In order to do justice, the law will permit or create a legal fiction. For example, if a person undertakes a renunciation of a legacy which is a gift by will the person will be deemed to have predeceased the testator—one who makes a will—for the purpose of distributing the estate. legal fiction n. a presumption of fact assumed by a court for convenience, consistency, or to achieve justice. There is an old adage: "Fictions arise from the law, and not law from fictions." How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| But losing the understanding that they are legal fictions, not real beings, has the effect of obscuring our recognition that corporations can do nothing; whatever is done is done by people, people whose acts should bear individual responsibility and accountability. Both involve fictions, so why are legal fictions of any more worth than dramatic ones? Each of four chapters pairs a problem in language with a corresponding issue in law--ambiguity and misunderstanding, metaphor and legal fictions, speech acts and hearsay, and promise and contract formation. |
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