Abstract
What are legal fictions? Professor Lon Fuller discussed the matter at some length. One interpretation of his answer is this: they are lies that are not intended to deceive. This solution fails, in the end, to be convincing. But some remarks of Fuller provide the clue to another way of looking at the problem: fictions are means of changing the application of the law by relying on a tension between two classifications of fact.
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I am grateful to Professor Paul Jackson and Dr. Joseph Raz for a number of helpful comments on a draft of this article.
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Campbell, K. Fuller on legal fictions. Law Philos 2, 339–370 (1983). https://doi.org/10.1007/BF00144950
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DOI: https://doi.org/10.1007/BF00144950