Legal Fictions in Practice and Legal Science |
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Page 3
... logical func- tion , an emancipation of thought from the ordinary prejudices , are necessary , so that a proper and full use of this method will only be found and can only be expected when the logical function has genuinely freed itself ...
... logical func- tion , an emancipation of thought from the ordinary prejudices , are necessary , so that a proper and full use of this method will only be found and can only be expected when the logical function has genuinely freed itself ...
Page 56
... logical structure of the fiction with that of the cross - reference , the analogy or techni- que of analogous application of rules . It is true that the objective of the fiction , especially in the case of legislative fictions , is ...
... logical structure of the fiction with that of the cross - reference , the analogy or techni- que of analogous application of rules . It is true that the objective of the fiction , especially in the case of legislative fictions , is ...
Page 167
... logical and social needs . It follows , therefore , that if the fiction merely endeavours to express analogy and similarity , it is completely unnecessary and tautologous . Legal science is better satisfied by a simple and socially true ...
... logical and social needs . It follows , therefore , that if the fiction merely endeavours to express analogy and similarity , it is completely unnecessary and tautologous . Legal science is better satisfied by a simple and socially true ...
Contents
The continental romanistic concept | 3 |
The in re certa element | 4 |
The AngloAmerican jurists | 32 |
Copyright | |
6 other sections not shown
Common terms and phrases
abstract notions accepted action analogy analysis applied assumptio Bartolus basic basis Buckland causa certa Cinus Commentaria conclusion conclusive presumption contract Cornelia court created deemed discussion doctrine dogmatic fiction element example existing expression factual false assumption fiction concept fiction definition fictitious formulae ficticiae Gaius glossators historical fictions Ibid implied Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Justinian Kaser legal concepts legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise mancipatio means merely metaphor nature norms object particular parties Pierre de Belleperche plaintiff practical praetor prescribed presumption principle pro veritate quod Recht regarded Roman law Roman-Dutch law rules of law scientific sense situation South African statute theoretical fictions theory thought tion traditional view true fictions truth U₂ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem