The legal fiction
that is a corporation still cannot be put in jail, but the fines and the stigma of criminal status can set the company far back on its fictional heels.
Slavery is the legal fiction
that a person is property.
Supreme Court has gradually incorporated other elements of the Bill of Rights into the 14th Amendment, using this legal fiction
to "justify" overturning state laws concerning abortion, school prayer, capital punishment, etc.
They created the legal fiction
of terra nullius to steal trillions of dollars worth of land and resources.
Although no-one really knew who it was among the family who had chopped up Patrick Jnr, Mary Anne escaped by a legal fiction
and both Con and his sister Hannah were found guilty.
Because of the legal fiction
the judges use, it could not be called a baby, and therefore the midwives could not be accused of manslaughter.
It stemmed from an old legal fiction
that husband and wife are "one person" so neither could sue the other for wrongs during the marriage.
Gordimer gives us Duncan's trial in detail, providing all the data of inwardness absent from most legal fiction
Unlike the British, who made a clear juridical distinction between the metropole and the periphery, the French maintained the legal fiction
that their colonies were an integral part of the French Union, one and indivisible.
In that case, libel should be considered a legal fiction
, which is to say that it doesn't exist except within a system of laws conducive to state-based abuse.
8~ James Joyce, writing within the colonial frame of turn-of-the-century Ireland, spells out the political implications of this when he has Stephen Dedalus exclaim in Ulysses that "paternity may be a legal fiction
," and is only as secure as the power of state and law to back it up.
The nominee theory attempts to discern whether a taxpayer has engaged in a legal fiction
, for federal tax purposes, by placing title to property in the hands of another while actually retaining all or some of the benefits of being the true owner.