| 单词 | legal fiction |
| 释义 | > as lemmaslegal fiction legal fiction n. an assumption that something is true even though it may be untrue, made esp. in judicial reasoning to develop the law (cf. fiction n. 5a). ΘΚΠ society > law > jurisprudence > [noun] > assumption feigned for argument fiction1590 legal fiction1861 1861 H. S. Maine Anc. Law ii. 26 I..employ the expression ‘Legal Fiction’ to signify any assumption which conceals, or affects to conceal, the fact that a rule of law has undergone alteration. 1876 E. A. Freeman Hist. Norman Conquest V. xxii. 17 The same spirit of legal fiction..shows itself..in the way in which the facts of the great confiscation are dealt with. 1937 R. H. Lowie Hist. Ethnol. Theory v. 51 The same holds for the principle of legal fiction, which Maine also treated at length. 1966 H. K. Black & D. J. L. Brown Outl. Eng. Law v. 43 Sometimes such a presumption takes the form of a Legal Fiction. For instance if two persons die in such a way that it is uncertain which of them died first the law presumes..that the younger outlived the older. < as lemmas |
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