Legal fictions in practice and legal science |
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Page 3
None of the ancient codes examined evidenced any utilisation of legal fictions.1
Hans Vaihinger explained this lack of application of fictions as follows: 'In order to
use this instrument a freedom and independence of the logical function, ...
None of the ancient codes examined evidenced any utilisation of legal fictions.1
Hans Vaihinger explained this lack of application of fictions as follows: 'In order to
use this instrument a freedom and independence of the logical function, ...
Page 56
As a cause or perhaps as a consequence of the above fallacy, these authors
commit a further mistake, viz. to confuse the logical structure of the fiction with that
of the cross-reference, the analogy or technique of analogous application of rules
.
As a cause or perhaps as a consequence of the above fallacy, these authors
commit a further mistake, viz. to confuse the logical structure of the fiction with that
of the cross-reference, the analogy or technique of analogous application of rules
.
Page 167
This is demanded by 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 ...
This is demanded by 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 ...
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Contents
The continental romanistic concept | 3 |
Vaihinger and his followers | 38 |
Denial of the legal fiction | 50 |
Copyright | |
5 other sections not shown
Common terms and phrases
accepted action adopted analogy analysis applied assumptio Bartolus basis bona child Cinus conclusion conclusive presumption condition conservatism contract contradiction contrary to reality court created deemed definition discussion doctrine of fictional dogmatic fiction employ fictions equity example existing expression fact factual false assumption feigned fiction concept fictional fulfilment fictitious formulae ficticiae Gaius glossators historical fictions Hoge Raad Ibid implied term Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Kaser legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise means merely metaphor nasciturus fiction nature norms object particular parties person positive law practical praetor presumption principle quod Recht recognised regarded Roman law Roman-Dutch law rules of law Section sense situation South African statute theoretical fictions theory thought tion truth Ulpian usucapio Vaihinger Vaihinger's veritate veritatem element
Bibliographic information
| Title | Legal fictions in practice and legal science Volume 2 of Sociology, law and legal theory |
| Author | Pierre Johannes Jeremia Olivier |
| Publisher | Rotterdam University Press, 1975 |
| ISBN | 9023762355, 9789023762355 |
| Length | 176 pages |
| Subjects | › Fictions (Law) Law / General Law / Reference |
| Export Citation | BiBTeX EndNote RefMan |