Between IS and AS: Legal Fiction as Rhetorical Argument

Author(s):
Aonuma, Satoru
Editor(s):
Boogaart, Ronny; Garssen, Bart; Jansen, Henrike; Van Leeuwen, Maarten; Pilgram, Roosmaryn; Reuneker, Alex
Published
2024
Publication type
Article / Letter to editor

Abstract

“Legal fiction” is a technical tool enabling the law to create assumptions or treat situations as if they were true although they may not correspond to empirical reality. Focusing on “legal person,” a typical legal fiction treating a non-natural person entity as a person in the law, the paper discusses the rhetorical-argumentative functions it performs in legal discourse.

analogyKenneth Burkelegal fictionlegal personmetaphorpersonification
Date issued
2024
Language
English
Is part of
Proceedings of the Tenth Conference of the International Society for the Study of Argumentation (2024), p. 104-114
hdl
1887/4107757

Conference

Meeting name
10th Conference of the International Society for the Study of Argumentation (ISSA 2023)
Meeting location
Leiden, The Netherlands
Meeting date
2023-07-04 - 2023-07-07