Legal Fictions Used in Fiction
In the novel Joan and Peter (1918) by H. G. Wells, Peter's parents die in a sailing accident. As it is not known which parent dies first, a legal fiction is applied maintaining that the husband, being a man and therefore stronger, lived longer. This decision results in the father's will determining Peter's legal guardian. However, later in the novel a witness to the accident declares seeing the mother floundering some time after the father has disappeared, and so the legal fiction is overturned and the mother's will is followed, providing Peter with a new legal guardian. Wells was in fact in error as to the English law, which presumes that the older person died first; the core plot would remain unchanged if Peter's father was younger than his mother.
In Gilbert and Sullivan's The Gondoliers, Giuseppe Palmieri (who jointly serves as King of Barataria with his brother Marco) requests that he and his brother be recognized individually. He is, however, turned down by the Council because the joint rule is a legal fiction.
Read more about this topic: Legal Fiction
Famous quotes containing the words legal, fictions and/or fiction:
“The trouble with Eichmann was precisely that so many were like him, and that the many were neither perverted nor sadistic, that they were, and still are, terribly and terrifyingly normal. From the viewpoint of our legal institutions and of our moral standards of judgment, this normality was much more terrifying than all the atrocities put together.”
—Hannah Arendt (1906–1975)
“All the sweetness of religion is conveyed to children by the hands of storytellers and image-makers. Without their fictions the truths of religion would for the multitude be neither intelligible nor even apprehensible; and the prophets would prophesy and the philosophers celebrate in vain. And nothing stands between the people and the fictions except the silly falsehood that the fictions are literal truths, and that there is nothing in religion but fiction.”
—George Bernard Shaw (1856–1950)
“Although the primitive in art may be both interesting and impressive, as portrayed in American fiction it is conspicuous for dullness alone. Drab persons living drab lives, observed by drab minds and reported in drab writing ...”
—Ellen Glasgow (1873–1945)