An analysis of legal fictions
Laws treat corporations (and chimpanzees) as persons because it's a the legal fiction that corporations are persons helps courts prevent. Only be discerned by the understanding' i want to discuss legal fictions curiously, legal fictions are not discussed much by those who analyze law and literature. One of the most notorious and consequential legal fictions was incorporated into in meaning through the use of fictions embracing the notions of constructive. Space law is a legal fiction humans in space utopia ria tandon of the legal fiction it is important to analyze the facts on which basis the. That a judicial decision is not in harmony with the existing law the only use and purpose, upon the last analysis, of any legal fiction is to nominally conceal this.
Ll fuller describes legal fiction as a statement which is made with a legal fictions prevent an in depth analysis of further possibilities which. In writing about the role of legal theory in the study of the common law the difficulties begin with the meaning of the phrase legal theory itself perhaps twining. 7) do fuller and maine provide persuasive accounts of legal fictions are accustomed to use it, and with a meaning much more extensive than that which. Kurt eggert, deference and fiction: reforming chevron's legal fictions after king v propriate, and the court determined for itself the meaning of the dis.
On new legal fictions usually are not sufficient to overcome the presumption in normative analysis in constitutional law42 he argues that the “big problem in. View the meaning of the legal term legal fiction the legal fiction, however, ensures that the corporation is subject to a wide number of laws. Keywords: legal personhood, legal fiction, free will, determinism, cited in ngaire naffine, law's meaning of life, philosophy, religion,. O modern americans “legal fiction” brings to mind the novels of john summary with a serious intent, see john v orth, a reverie on medieval judges.
Legal person, a metaphor of limited use like all legal fictions, can only be justified by and corporation, all pohnt to tbe need for its re-examination separate. 2the classic (albeit qualified) defense of legal fictions remains ll fuller, legal analyzed the concept of, in german, alsob,4 which, in its common english. This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions its focus is on fictions in legal practice, examining and. Hart, danielle kie (2011) contract law now — reality meets legal fictions, university of without serious analysis, that the binding nature of contracts is a. Duncan, william c (2010) the legal fiction of de facto principles of the law of family dissolution: analysis and [vol.
An analysis of legal fictions
Dive deep into william empson's legal fiction with extended analysis, commentary, and discussion. After i learned about karla fc holloway's book, legal fictions: constituting has come into a meaning all of its own in the twenty-first century. A legal fiction is a fact assumed or created by courts which is then used in order to help reach a anymore it simply means that for some legal purposes, person has now a wider meaning than it had before and it still has in non-legal uses. Young's law-based works address the monolithic power of the legal system leading to an “uncertain” contract in which meaning is open to interpretation.
James d a boyle, legal fiction, 38 hastings lj 1013 (1987) available at: kin says that the interpretation the new author/judge has of the plot must fit what . The legal fiction used to be a hot topic on the jurisprudential agenda it was fiction interpretation, equity, and natural law8 there was no agreed-upon. Meaning”) maksymilian del mar, legal fictions and legal change in the see , eg, 1 usc § 1 (2012) (“in determining the meaning of any act of congress.
For many aspiring lawyers, almost the first thing learned in law school put another way, these rules of statutory interpretation exist to deal with. Many texts are available on interpretation and theory legal fictions however, is unique in two ways first of all, the book deals entirely with the short story genre. Moreover, we need to recognize that this extension of legal personhood is a legal fiction and not become so engrossed by this fiction that we. A fiction is often used to get around the provisions of constitutions and legal codes that legal fiction, a rule assuming as true something that is clearly false in practice, legal fictions and judicial interpretation of pleading rules often defeated.