FICTIONS OF LAW... are always consistent with Equity
http://preparingyou.com/wiki/Fiction_of_law"A fiction of law shall never be contradicted so as to defeat the end for which it was invented, but for every other purpose it may be contradicted." -- Lord Mansfield, Mostyn v. Fabrigas (1775), Cowp. 161.
https://www.bitchute.com/video/LmQk8MVFX5lk/ (2:41 minute video)
A fiction of law is defined from Lectric Law Library as follows:
The assumption that a certain thing is true, and which gives to a person or thing a quality which is not natural to it, and consequently establishes, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. It is an order of things which does not exist, but which the law prescribes or authorizes. It differs from presumption because it establishes as true, something which is false; whereas presumption supplies the proof of something true.
The law never feigns what is impossible. Fiction is like art; it imitates nature, but never disfigures it. It aids truth, but it ought never to destroy it. It may well suppose that what was possible, but which does not exist; but it will never feign that what was impossible actually is.
Fictions were invented by the Roman praetors who, not possessing the power to abrogate the law, were nevertheless willing to derogate from it under the pretence of doing equity. Fiction is the resource of weakness which, in order to obtain its object, assumes as a fact what is known to be contrary to truth: when the legislator desires to accomplish his object, he need not feign, he commands. Fictions of law owe their origin to the legislative usurpations of the bench.
It is said that every fiction must be framed according to the rules of law, and that every legal fiction must have equity for its object. To prevent their evil effects, they are not allowed to be carried further than the reasons which introduced them necessarily require.
Examples of Fictions
The law abounds in fictions. That an estate is in abeyance; the doctrine of remitter, by which a party who has been disseised of his freehold and afterwards acquires a defective title, is remitted to his former good title; that one thing done today, is considered as done at a preceding time by the doctrine of relation; that because one thing is proved, another shall be presumed to be true, which is the case in all presumptions; that the heir, executor, and administrator stand by representation in the place of the deceased are all fictions of law. "Our various introduction of John Doe and Richard Roe; our solemn process upon disseisin by Hugh Hunt; our casually losing and finding a ship (which never was in Europe) in the parish of St. Mary Le Bow, in the ward of Cheap; our trying the validity of a will by an imaginary wager of five pounds; our imagining and compassing the king's death, by giving information which may defeat an attack upon an enemy's settlement in the antipodes; our charge of picking a pocket or forging a bill with force and arms; of neglecting to repair a bridge, against the peace of the king, his crown and dignity are circumstances, which, looked at by themselves, would convey an impression of no very favorable nature, with respect to the wisdom of our jurisprudence."
FICTION OF LAW - http://www.lectlaw.com/def/f111.htm
ASSUMPTION OF RISK - http://www.lectlaw.com/def/a083.htm
PRESUMPTION - http://www.lectlaw.com/def2/p149.htm
DISSEISIN - http://www.lectlaw.com/def/d181.htm
"Fictions of law must be consistent with justice." - William Henry Maule, J., Whitaker v. Wisbey (1852), 6 Cox, C. C. 111.
"Fictions are allowed against all the King's subjects for the furtherance, but never for the hindrance, of justice." Lord Mansfield, Lane v. Wheat (1780), 1 Doug. 314.
"No fiction shall extend to work an injury, its proper operation being to prevent a mischief or remedy an inconvenience which might result from the general rule of law." 3 Black's Commentaries (21 ed.).
"In fictione juris semper cequitas existit: A legal fiction is always consistent with Equity." - 11 Rep. 51.
"Citizen is an artificial character and a Fiction of Law.... (if) you have claimed citizenship of a State, you are deemed by the Courts as a person of artificial character. Artificial characters have no constitutional protections and are in the same class as other artificial entities (corporations)." - The Informer, https://web.archive.org/web/20090226051421/http://atgpress.com/inform/indexinf.htm
REMITTER - http://webstersdictionary1828.com/Dictionary/remitter
1. One who remits, or makes remittance for payment. 2. In law, the restitution of a more ancient and certain right to a person who has right to lands, but is out of possession and hath afterwards the freehold cast upon him by some subsequent defective title, by virtue of which he enters. 3. One that pardons.
Remitter: The relation back of a later defective title to an earlier valid title. Re-mitter is where he who has the true property or jus proprietatis in lands, but is out of possession thereof, and has no right to enter without recovering possession in an action, has afterwards the freehold cast upon him by some subsequent and of course defective title. In this case be is remitted, or sent back by operation of law, to his ancient and more certain title. 3 Bl. Comm. 19. (Black's 3rd ed)
Perfect Equity definition:
Perfected Equity:
any questions?
generative principle is equity = the "duty of care" , and to understand "duty of care", why is a proper definition of law, gov't and justice needed? what is equity?