“… 5 Olaf Tans (2016) offers a pretence account of what Kelsen would call fictions within legal theory, such as the fiction of the Grundnorm . My account is consistent, but does not overlap, with his.…”
A legal fiction is a knowingly false assumption that is given effect in a legal proceeding and that participants are not permitted to disprove. I offer a semantic pretence theory that shows how fiction-involving legal reasoning works.
“… 5 Olaf Tans (2016) offers a pretence account of what Kelsen would call fictions within legal theory, such as the fiction of the Grundnorm . My account is consistent, but does not overlap, with his.…”
A legal fiction is a knowingly false assumption that is given effect in a legal proceeding and that participants are not permitted to disprove. I offer a semantic pretence theory that shows how fiction-involving legal reasoning works.
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