With reference to legal fiction as a concept in jurisprudence, consider the following statements:
- It assumes something to be factually true in order to apply a legal rule, even if that assumption is not accurate.
- Sir Henry Maine classified it as one of the three great agencies of legal adaptation, alongside equity and legislation.
- According to Lon Fuller, a legal fiction remains legitimate even when its fictional nature is forgotten and treated as fact by practitioners.
Which of the statements given above is/are correct?
Explanation: Legal fiction is a device in law where something is assumed to be true even though it may not be factually accurate, for the purpose of applying a legal rule. Common examples include treating an adopted child as the natural child of adoptive parents, or recognising a registered company as a legal "person" capable of suing and being sued. Sir Henry Maine, in his classic work Ancient Law (1861), described legal fiction as one of the three great agencies — alongside equity and legislation — through which law adapts to changing societies. However, Lon Fuller, in his 1967 Stanford monograph Legal Fictions, argued that a fiction is legitimate only when its falsity is openly acknowledged. Once people begin treating the pretence as fact, it becomes dangerous and loses its utility. Therefore, Statement 3 is incorrect.
Explanation: Legal fiction is a device in law where something is assumed to be true even though it may not be factually accurate, for the purpose of applying a legal rule. Common examples include treating an adopted child as the natural child of adoptive parents, or recognising a registered company as a legal "person" capable of suing and being sued. Sir Henry Maine, in his classic work Ancient Law (1861), described legal fiction as one of the three great agencies — alongside equity and legislation — through which law adapts to changing societies. However, Lon Fuller, in his 1967 Stanford monograph Legal Fictions, argued that a fiction is legitimate only when its falsity is openly acknowledged. Once people begin treating the pretence as fact, it becomes dangerous and loses its utility. Therefore, Statement 3 is incorrect.