 quite wanting, at the same time that they do not offend the superstitious disrelish for change, which is always present." But by fiction is meant something much more than the ordinary acceptation of the term. Legal fiction is taken to signify " any assumption...  National Review - Page 3691861Full view - About this book
 | William Gifford, Sir John Taylor Coleridge, John Gibson Lockhart, Whitwell Elwin, William Macpherson, William Smith, Sir John Murray (IV), Rowland Edmund Prothero (Baron Ernle) - 1861 - 604 pages
...is a fiction, he says, to affirm that the judges do not alter the law, when they alter it every day. time that they do not offend the superstitious disrelish for change which is always present.' They are invaluable in their day, but only mischievous when their day is past. By Equity is meant any... | |
 | Richard Holt Hutton, Walter Bagehot - 1861 - 546 pages
...particularly congenial to the infancy of society. They satisfy the desire of improvement, which is not quite wanting, at the same time that they do not offend...remaining unchanged, its operation being modified. ' ' Two signal instances are selected, not of individual fictions, but, if the phrase may be allowed,... | |
 | 1861 - 806 pages
...give the definitions, in their application by the author. "I now employ the expression, Legal Fiction, to signify any assumption which conceals or affects...remaining unchanged, its operation being modified." " The next instrumentality by which the adaptation of law to social events is carried on, I call Equity;... | |
 | 1861 - 736 pages
...of the traditions of a past age. The expression," legal fiction," as used by Mr Maine, is employed to signify any assumption which conceals, or affects...undergone alteration, its letter remaining unchanged, while its operation is extended or modified. The modes in which legal fiction has been made subservient... | |
 | Henry Sumner Maine - 1861 - 432 pages
...particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend...superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity... | |
 | Henry Sumner Maine - 1861 - 432 pages
...particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend...superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity... | |
 | Henry Sumner Maine - 1863 - 460 pages
...particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend...superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity... | |
 | Henry Sumner Maine - 1864 - 480 pages
...particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend...superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity... | |
 | Henry Sumner Maine - 1866 - 438 pages
...particular^ congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend...superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity... | |
 | Henry Sumner Maine - 1867 - 494 pages
...pay his debt by reason of the defendant's default, jut I now employ the exprcs_8ion " Legal Fiction^ to signify any assumption which conceals, or affects...a rule of law has undergone alteration, its letter rejnaining unchanged, its operation_being modified. The words, therefore, include .the instances of... | |
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