Legal Fictions — Readings
By Jesús R. Velasco | Published on January 18, 2022
- Maksymilian del Mar, "Introducing Fictions"
- Ando "Fact, Fiction, and Social Reality"
- Thomas "Fictio Legis"
- Thomas, "Les artifices de la fiction"
At the center of the debates, the linguistic expressions that mark the possibility of a fictio legis or legal fiction. Those expressions are short and unremarkable. Frequently, they pass inadvertently in front of one’s eyes: as if is, in English, the best known, but there is a myriad of them in Latin, or in Spanish; sometimes they are mere comparisons, that, once examined, lead to down the rabbit hole of legal interpretation in which words become tremendously consequential actions. How to identify legal fictions, how to interpret them, what kind of consequences they have, and whether they have limitations are some of the questions asked in the collection of readings for this session.