The phrase "fiction of law" refers to a legal principle or concept that is assumed to be true or real, but may not have a basis in fact. The spelling of this phrase can be explained using the IPA phonetic transcription as /ˈfɪkʃən əv lɔ/. The stress falls on the first syllable of "fiction" and on the second syllable of "law". The "ch" sound in "fiction" is pronounced as "sh" and the "aw" sound in "law" is pronounced as "ɔ".
The term "fiction of law" refers to a legal concept that denotes a situation where a legal rule or assumption is treated as if it were true or factual, despite its contradiction with reality. It is commonly employed within legal systems to establish certain legal consequences or to resolve specific issues. Essentially, a fiction of law is an accepted legal fiction created and recognized by the courts for practical purposes, even though it may not accurately reflect the truth or actuality of the matter.
These fictions of law serve varied purposes, such as facilitating legal remedies, ensuring the fair administration of justice, or resolving ambiguities. They often arise due to historical or traditional reasons and become ingrained in legal systems over time. By embracing these fictions, the law seeks to overcome obstacles that may hinder the delivery of justice.
For example, the legal fiction of corporate personhood enables corporations to be treated as legal entities with rights and responsibilities similar to those of individuals, despite being artificial entities. Another example is the presumption of innocence in criminal cases, where the accused is deemed innocent until proven guilty, even if there might be considerable evidence suggesting the contrary.
While these fictions may appear counterintuitive, they play a crucial role in maintaining order and resolving legal dilemmas. However, it is essential to understand that these fictions are products of legal construct rather than objective reality.