The Reasons for Some Legal Fictions

In this age of fact, fancy is at a discount. Consequently legal fictions, which required the play of some fancy in their beginning, have fallen not only into disuse but also into disfavor. Many of them, however, have done good work in the past, and some are doing it now. Therefore it may not prove uninstructive to consider some in a discursive way.

A legal fiction is probably best defined as "a legal assumption that something is true which is, or may be, false-being an assumption of an innocent and beneficial character, made to advance the interests of justice."1 From the definition it would seem that such fictions would always merit praise, never blame; but while their past use is now commended by most, no development of Law has had more condemnation from others. Sir Henry MAINE2 calls attention to the fact that