Tag Archives: legal fiction

Legal Fiction, Consciously False, and Deodands

legal fiction

My Country –¬†Legal Fiction Our Constitutional system comes out of the common law structure. English law¬†derives from custom and judicial precedent rather than statutes. In comparison, statutory law means that courts strictly construe the laws. Legal fiction lies in the middle of the debate between strict constructionists and a living constitution. Strict constructionists attempts to …