Legal Fiction in the Light of the Four Principles of Classical Logic

Cristian Neacsiu ()
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Cristian Neacsiu: Andrei Radulescu Law Research Institute of Romanian Academy, Bucharest, Romania

Scientia Moralitas Journal, 2021, vol. 6, issue 1, 88-112

Abstract: The succession of logical forms being a facet of the otherness of time, the subsumption of materiality, and especially of conceptuality to different logical patterns become a truism that wears the garment of a logical evolutionary process. By this, it is imperative to undertake a logical-philosophical analysis on some conceptual entities that show traces of ancestry, in the sense of researching their logical permanence. The concordance with the temporality of this research demands, as essence, the research of the logical permanency related to that logicae prima facias. The latter prima facias as a logical pattern must imperatively be represented by the logical entity that has the value of ab initio point on the scale of temporality, namely the classical logic. Considering an ab initio conjugated homologous point, but which designates the source of fictionality in the field of law, we conclude that the legitimacies, functionalities, respectively subtleties of the principal pattern of classical logic that is incident in the conceptuality of legal fiction must be investigated in order to conclude over the actuality of this abstract construct of law-part of legal reality, as well as on the actuality of the precepts of classical logic as prima facias logicae.

Keywords: legal fiction; classical logic principles; fictional mechanism; physical reality - GIVEN; legal reality - constructed; physical reality continuous relation function (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:smo:journl:v:6:y:2021:i:1:p:88-112

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