Legal fiction Quotes
A curated collection of the best quotes about Legal fiction.
Top Quotes
“Fictions of law must be consistent with justice.”
“Law makes long spokes of the short stakes of men.”
“When Courts adopt a fiction they must necessarily support it.”
“Wikipedia: Legal fiction”
“In fictione juris semper cequitas existit: A legal fiction is always consistent with Equity.”
“Paternity may be a legal fiction. Who is the father of any son that any son should love him or he any son?”
“Fictions are allowed against all the King's subjects for the furtherance, but never for the hindrance, of justice.”
“A fiction of law shall never be contradicted so as to defeat the end for which it was invented, but for every other purpose it may be contradicted.”
“The corporation is not a person; it is a legal fiction backed up by guns and police and jail cells and taxing authorities and the regulators called government.”
“No fiction shall extend to work an injury, its proper operation being to prevent a mischief or remedy an inconvenience which might result from the general rule of law.”
“It is a fiction, a shade, a nonentity, but a reality for legal purposes. A corporation aggregate is only in abstracto—it is invisible, immortal, and rests only in intendment and consideration of the law.”
“It is unconscionable in a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just. Against such objections every possible presumption ought to be made, which ingenuity can suggest. How disgraceful then would it be to the administration of justice to allow Chicane to obstruct Bight; by the help of a legal fiction contrary to the help of the fact!”
“If this statement by Judge Cooley is true, and the authority for it is unimpeachable, then the theory that the Constitution is a written document is a legal fiction. The idea that it can be understood by a study of its language and the history of its past development is equally mythical. It is what the Government and the people who count in public affairs recognize and respect as such, what they think it is. More than this. It is not merely what it has been, or what it is today. It is always becoming something else and those who criticize it and the acts done under it, as well as those who praise, help to make it what it will be tomorrow.”