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General Introduction

Published online by Cambridge University Press:  11 January 2022

Liron Shmilovits
Affiliation:
University of Cambridge
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Summary

A legal fiction, for present purposes, is a false assumption a court knowingly relies on. The maxim ‘Everybody knows the law’ is an example of a legal fiction. As a statement of fact, the maxim is evidently false. Not even lawyers or judges know all the law. And yet courts apply it, as if it were true, with the result that ignorance of the law is no defence. We therefore say that the maxim is a legal fiction.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • General Introduction
  • Liron Shmilovits, University of Cambridge
  • Book: Legal Fictions in Private Law
  • Online publication: 11 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023788.001
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • General Introduction
  • Liron Shmilovits, University of Cambridge
  • Book: Legal Fictions in Private Law
  • Online publication: 11 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023788.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • General Introduction
  • Liron Shmilovits, University of Cambridge
  • Book: Legal Fictions in Private Law
  • Online publication: 11 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023788.001
Available formats
×