Based on author's thesis (doctoral - University of Cambridge, 2019) issued under title: Deus ex machina : legal fictions in private law. Includes bibliographical references (pages 226-232) and index.
Contents:
Old fictions -- New fictions defined -- New fictions explored -- An acceptance test for fictions -- Conclusion.
Summary:
"General Introduction A legal fiction, for present purposes, is a false assumption a court knowingly relies on. The maxim that 'Everybody knows the law' is an example of a legal fiction. As a statement of fact, the maxim is evidently false. Not even lawyers or judges know all the law. And yet, courts apply it, as if it were true, with the result that ignorance of the law is no defence. We therefore say that the maxim is a legal fiction"-- Provided by publisher.
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