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Fiction
(redirected from fictionality)

   Also found in: Dictionary/thesaurus, Encyclopedia, Wikipedia, Hutchinson 0.04 sec.

An assumption made by a court and embodied in various legal doctrines that a fact or concept is true when in actuality it is not true, or when it is likely to be equally false and true.

A legal fiction is created for the purpose of promoting the ends of justice. A common-law action, for example, allowed a father to bring suit against his daughter's seducer, based on the legal fiction of the loss of her services. Similarly, the law of torts encompasses the legal fiction of the rule of Vicarious Liability, which renders an employer responsible for the civil wrongs of his or her employees that are committed during their course of employment. Even though the employer generally is uninvolved in the actual act constituting the tort, the law holds the employer responsible since, through a legal fiction, he or she is deemed to be in direct control of the employee's actions. A seller of real estate might, for example, be liable in an action for Fraud committed by his or her agent in the course of a sale.



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Warhol also notes that engaging narrators will avoid "reminders of the characters' fictionality, insisting instead that the characters are 'real'" (39).
The "novel" is a questionable genre to depict national "unity" if it is seen as essentially self-critical, and the self-conscious fictionality Hampton finds in certain texts hardly "resolves" tensions, as he claims, as it is inherently unstable and raises questions for the identity of its self and of the nation it supposedly reflects.
In other words, one thing Harrison's work makes inescapable is the fact of how art materially instantiates the reality or fictionality of the discourses it provokes.
 
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