Legal fiction
Fact assumed for the purpose of a legal rule / From Wikipedia, the free encyclopedia
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A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can by employed by the courts[1] or found in legislation.
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Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy.
The term legal fiction is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions.[2][3] Proponents of legal fictions, particularly of their use historically, identify legal fictions as "scaffolding around a building under construction".[4]