Legal Fictions in Practice and Legal Science |
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Page 150
... major premise . If the correct legal rule or method of approach had been selected , the need of a fiction would be obviated ; the correct approach would lead to a direct , logical and just decision . A very good example of the rejection ...
... major premise . If the correct legal rule or method of approach had been selected , the need of a fiction would be obviated ; the correct approach would lead to a direct , logical and just decision . A very good example of the rejection ...
Page 151
... major premise he is applying is wrong . The judge should then determine whether the major premise is the correct one to apply and if there does not exist a better major premise . Frequently an alternative and better major premise exists ...
... major premise he is applying is wrong . The judge should then determine whether the major premise is the correct one to apply and if there does not exist a better major premise . Frequently an alternative and better major premise exists ...
Page 156
... premise or fundamental principle . He will also attempt to establish the relationship between , and to harmonise ... major premise ; viz . a legal rule , principle or method of approach . It is impossible to discuss all fic- tions of ...
... premise or fundamental principle . He will also attempt to establish the relationship between , and to harmonise ... major premise ; viz . a legal rule , principle or method of approach . It is impossible to discuss all fic- tions of ...
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 Uâ‚‚ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem