We should all inherently know that a work of fiction is not true. If something is not true, it is a falsehood, fabrication; and a lie. Which is why when we go to the cinema to watch the fictional film: The Wizard Of Oz, we do not leave the cinema thinking that the film was a documentary of Dorothy’s life.
It is no coincidence that at law the words “legal” and “fiction” are closely linked and often next to each other, because the legal world is a world of legal fictions, of lies by definition, by its own admittance via the below maxims, and various definitions.
A maxim is a self evident truth, an axiom. Here are some maxims regarding “legal fictions”:
A fiction is a rule of law that assumes something which is or may be false, as true.
Where truth is, fiction of law does not exist.
There is no fiction without law.
Fictions arise from the law, and not law from fictions.
Fiction is against the truth, but it is to have truth.
So it is a self evident truth that Legal Fictions are a lies (not true), are a creation of the law, and arise from the law, and that the truth and a Legal Fiction can not exist together; which should pose some interesting questions in your mind.
Here are some examples of Legal Fictions which members of the public may have never really considered:
Anything that is a Legal Fiction can not itself show up at court to either defend, or prosecute a claim. Any thing that requires a representative or agent to actfor the thing, to appear for the thing, in place of the thing; is a Legal Fiction. This is an extremely important fact of law to consider; especially when one considers that all court summonses are an invitation to “appear”.
The articles here at CapillaryWave.com further explore these topics. It hasjust been evidenced and explained that your country, the government, your local council, your bank, and company that you work for, are Legal Fictions, a creation of law that does not exist in reality. That should give every citizen, pause for thought.