The word "fiction" is not found in the KJV. The word "fable," which according to Strong's means "fiction" is found.
Mythos, Greek Strong's #3454, is used 5 times in the New Testament. It is translated as “fable,” meaning fiction in the following verses:
Fictions of Law are nothing new. Here is an example from the Bible:1 Timothy 1:4 - Neither give heed to fables and endless genealogies, which minister questions, rather than godly edifying which is in faith: so do.
2 Timothy 4:3-4 - For the time will come when they will not endure sound doctrine; but after their own lusts shall they heap to themselves teachers, having itching ears; And they shall turn away their ears from the truth, and shall be turned unto fables.
Titus 1:13-14 - This witness is true. Wherefore rebuke them sharply, that they may be sound in the faith; Not giving heed to Jewish fables, and commandments of men, that turn from the truth.
2 Peter 1:16 - For we have not followed cunningly devised fables, when we made known unto you the power and coming of our Lord Jesus Christ, but were eyewitnesses of his majesty.
Matthew 27:6-7 - And the chief priests took the silver pieces, and said, It is not lawful for to put them into the treasury, because it is the price of blood. And they took counsel, and bought with them the potter's field, to bury strangers in.
Marvin Vincent, in Word Studies in the New Testament published in 1886, explains:Acts 1:18 - Now this man purchased a field with the reward of iniquity; and falling headlong, he burst asunder in the midst, and all his bowels gushed out.
Webster’s Dictionary of the English Language, 1828In such cases the Jewish law provided that the money was to be restored to the donor; and if he insisted on giving it, that he should be induced to spend it for something for the public weal. This explains the apparent discrepancy between Matthew's account and that in the book of Acts. By a fiction of the law the money was still considered to be Judas', and to have been applied by him to the purchase of the potter's field.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895FIC'TION, noun [Latin fictio, from fingo, to feign.]
1. The act of feigning, inventing or imagining; as, by the mere fiction of the mind.
2. That which is feigned, invented or imagined. The story is a fiction
So also was the fiction of those golden apples kept by a dragon, taken from the serpent which tempted Eve.
FICTI'TIOUS, adjective [Latin fictifius, from fingo, to feign.]
1. Feigned; imaginary; not real.
The human persons are as fictitious as the airy ones.
2. Counterfeit; false; not genuine; as fictitious fame.
FICTI'TIOUSNESS, noun Feigned representation.
Bouvier’s Dictionary of Law, 1856FICT
1. The act of making or fashioning. [Rare.]
2. The act of feigning, inventing, or imagining; a false deduction or conclusion: as, to be misled by a mere fiction of the brain.
3. That which is feigned, invented, or imagined; a feigned story; an account which is a product of mere imagination; a false statement.
4. In literature: (a) A prose work (not dramatic) of the imagination in narrative form; a story; a novel. (b) Collectively, literature consisting of imaginative narration ; story-telling. (c) In a wide sense, not now current, any literary product of the imagination, whether in prose or verse, or in a narrative or dramatic form, or such works collectively.
5. In law, the intentional assuming as a fact of what is not such (the truth of the matter not being considered), for the purpose of administering justice without contravening settled rules or making apparent exceptions; a legal device for reforming or extending the application of the law without appearing to alter the law itself. Inasmuch as the courts cannot alter the law, but only declare it and apply it to facts ascertained by them, it was early discovered that the only way in which they could adapt the law to hard cases, or stretch it to new cases, was, by pretending a state of facts to fit the rule of law it was thought just to apply. Thus it was a rule of law that a deed takes effect from delivery, and the courts had no power to alter this rule; but if a grantor fraudulently or negligently delayed delivering his deed at the time it bore date, and afterward sought to claim some unjust advantage, as having continued to be owner meanwhile, the courts, not being able to change the rule of law, would by a fiction treat the delivery as relating back to the date. So, when legislation forbade transfers of land unless made publicly by record, the courts allowed an intending grantee to sue, alleging that the land belonged to him, and the intending grantor to suffer judgment to pass ; thus by a fiction creating a mode of conveyance which, for all practical purposes, preserved the privacy of titles. Direct methods of improving the rules and forms of law have in recent times superseded the invention, and for the most part the use, of fictions.
Pertainig to or of the nature of fiction; fictitiously created; imaginary.
1. Pertaining to or consisting of fiction; imaginatively produced or set forth; created by the imagination: as, a fictitious hero; fictitious literature.
2. Existing only in imagination; feigned; not true or real: as, a fictitious claim.
3. Counterfeit; false; not genuine.
4 Assumed us real ; taking the place of something real; regarded as genuine
MaximsFICTION OF LAW.
1. 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 establishes, consequently, 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 prescribe; or authorizes it differs from presumption, because it establishes as true, something which is false; whereas presumption supplies the proof of something true.
2. The law never feigns what is impossible fictum est id quod factum non est sed fieri potuit. 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 is not, exists; but it will never feign that what was impossible, actually is. D'Aguesseau, Oeuvres, tome iv. page 427, 47e Plaidoyer.
3. 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. 4 Benth. Ev. 300.
4. 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. 10 Co. 42; 10 Price's R. 154; Cowp. 177. To prevent, their evil effects, they are not allowed to be carried further than the reasons which introduced them necessarily require. 1 Lill. Ab. 610; Hawk. 320; Best on Pres. §20.
5. 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," says Mr. Evans, (Poth. on Ob. by Evans, vol. n. p. 43,) "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 our lord 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." Vide 13 Vin. Ab. 209; Merl. Rep. h. t.; Dane's Ab. Index, h. t.; and Rey, des Inst. de I'Angl. tome 2, p. 219, where he severely cesures these fictions as absurd and useless.
Pretended; supposed; as, fictitious actions; fictitious payee.
FICTITIOUS ACTIONS, Practice.
1. Suits brought. on pretended rights.
2. They are sometimes brought, usually on a pretended wager, for the purpose of obtaining the opinion of the court on a point of law. Courts of justice were constituted for the purpose of deciding really existing questions of right between parties, and they are not bound to answer impertinent questions which persons think proper to ask them in the form of an action on a wager. 12 East, 248. Such an attempt has been held to be a contempt of court; and Lord Hardwicke in such a case committed the parties and their attorneys. Rep. temp. Hardw. 237. See also Comb. 425; 1. Co. 83; 6 Cranch, 147 8. Vide Feigned actions.
3. The court of the king's bench fined an attorney forty pounds for stating a special case for the opinion of the court, the greater part of which statement was fictitious. 3 Barn. & Cr. 597; S. C. 10 E. C. L. R. 193.
FICTITIOUS PAYEE, contract.
1. A supposed person; a payee, who has no existence.
2. When the name of a fictitious payee has been used, in making a bill of exchange, and it has been endorsed in such name, it is considered as having the effect of a bill payble to bearer, and a bona fide holder, ignorant of that fact, may recover on it, against all prior parties who were privy, to the transaction. 2 H. Bl. 178, 288; 3 T. R. 174, 182, 481; 3 Bro. C. C. 238. Vide Bills of Exchange, §1.
Blacks 2nd, 1910Fiction is against the truth, but it is to have truth.
In a fiction of law, equity always subsists.
Fictions arise from the law, and not law from fictions.
There is no fiction without law.
Reference is a fiction of law, and intent to one thing.
Black’s Law Dictionary, 6th Edition
WEX Legal DictionaryFictio:
"In Roman law, a fiction; an assumption or supposition of the law. Such was properly a term of pleading, and signified a false averment on the part of the plaintiff which the defendant was not allowed to traverse…The object of the fiction was to give the court jurisdiction."
"Founded on a fiction; having the character of a fiction; pretended; counterfeit. Feigned, imaginary, not real, false, not genuine, nonexistent. Arbitrarily invented and set up, to accomplish an ulterior object."
An unrealistic legal fiction that any living person (male or female) is capable of having a child. In estate planning, this rule could defeat the intentions of a person leaving property to others. For example, if property could not pass to one's child as long as he or she might acquire a sibling, then the child would have to wait until both parents died, unnecessarily tying up the property. Most states have passed laws to cure this anomaly.
A legal fiction in which a pleader alleges two or more legal claims which are inconsistent with each other. For example, someone hurt in an accident can plead that the other party was negligent or ran into him intentionally. Or in a criminal trial, a defendant may plead not guilty and not guilty by reason of insanity (in which there is the implied admission that the defendant committed the act).
“Constructive transfer” is a legal fiction which permits acceptance of a Customs entry for merchandise in a zone before its physical transfer to the Customs territory.
Constructive notice is the legal fiction that someone actually received notice (being informed of a case that could affect their interest - see: Notice) whether or not they truly did receive this. If certain procedures have been followed, the law will consider a person to legally have received notice, even if in fact they did not. Compare: Actual Notice.
A constructive trust is not an actual trust by the traditional definition. It is a legal fiction that is used as a remedy for unjust enrichment. Hence, there is no trustee, but the constructive trust orders the person who would otherwise be unjustly enriched to transfer the property to the intended party.
A presumption of fact assumed by a court for convenience, consistency, or to achieve justice.
Civil Forfeiture (In Rem)
Unlike criminal forfeiture, civil forfeiture proceeds against the property, not the person. In theory, civil actions are remedial, not punitive like criminal proceedings. By acting civilly, the government seeks to remedy a harm, through the fiction of the property's "guilt."
HEALY et al. v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. SMITH.Corporation
An entity created in accordance with legal rules that acts as a single (fictional) person. A corporation may sue and be sued, lend, borrow, issue stock, exist indefinitely, and act in many other ways distinct from the shareholders who own it and the managers who run it. Each U.S. state can create rules by which new corporations are formed (i.e., rules of incorporation).
345 U.S. 278 (73 S.Ct. 671, 97 L.Ed. 1007)
Argued: Dec. 12, 1952.
Decided: April 6, 1953.
Duhaime's Law DictionaryWe do not believe that these taxpayers were trustees in the sense that the salaries were not received for their separate use and benefit. Under the equitable doctrine that the funds of a corporation are a trust fund for the benefit of creditors, a stockholder receiving funds without adequate consideration from an insolvent corporation may be held, in some jurisdictions, to hold the funds as a constructive trustee. So it was that these taxpayers were declared constructive trustees and were liable as transferees in equity. A constructive trust is a fiction imposed as an equitable device for achieving justice. It lacks the attributes of a trust, and is not based on any intention of the parties. Even though it has a retroactive existence in legal fiction, fiction cannot change the 'readily realizable economic value' and practical 'use and benefit' which these taxpayers enjoyed during a prior annual accounting period, antecedent to the declaration of the constructive trust.
http://www.duhaime.org/LegalDictionary/ ... ction.aspx
Thomas J. DiLorenzo:Legal Fiction Definition:
A ruling or status in law based on hypothetical or inexistent facts.
Related Terms: Deem, In Fictione Juris Semper Aequitas Existit
The legal rights that flow from adoption, as if the child adopted is issue of the adopting parents, if often given as an example of a legal fiction.1
In Stoner v Skene (44 Ontario Law Reports, page 609, 1918), Justice Lennox used these words:
"A legal fiction ... is an assumption of a possible thing as a fact, which is not literally true, for the advancement of justice, and which the law will not allow to be disproved, as far as concerns the purpose for which the assumption is made.:
"Legal fictions are always set up for the advancement of justice."
In a much more recent case, (Staufen v BC 2001 BCSC 779, published at canlii.org/en/bc/bcsc/doc/2001/2001bcsc779/2001bcsc779.html), Canadian justice Scarth added:
"(A) legal fiction is an assertion accepted as true (though probably fictitious) to achieve a useful purpose, especially in legal matters."
Justice Scarth reviews historical common law doctrine and goes on to suggest that legal fictions are of three varieties:
"... fictions used to increase the jurisdiction of Courts; fictions designed to avoid cumbersome and archaic forms of action; (and) fictions having a false assumption of fact in order to extend the remedy the Court could grant."
In Butterworths Concise Australian Legal Dictionary, editors Nygh and Butt (1998) use as an example the 1992 case Mabo v Queensland (107 ALR 1, published at austlii.edu.au/au/cases/cth/HCA/1992/23.html) interpreting the decision to state that:
"The European settlement in Australia in 1788 as (empty land) was a legal fiction as it suppressed the fact that the land was inhabited ... by the aboriginal peoples."
Frederic Bastiat:The theory of natural monopoly is an economic fiction. No such thing as a 'natural' monopoly has ever existed. The history of the so-called public utility concept is that the late 19th and early 20th-century 'utilities' competed vigorously, and like all other industries, they did not like competition. They first secured government-sanctioned monopolies, and then, with the help of a few influential economists, they constructed an ex post facto rationalization for their monopoly power. ... The theory of natural monopoly is a 19th-century economic fiction that defends 19th-century (or 18th-century, in the case of the U.S. Postal Service) monopolistic privileges and has no useful place in the 21st-century American economy.
Adolf Hitler:The state is the great fiction by which everybody seeks to live at the expense of everybody else.
Further Study:For the folk-community does not exist on the fictitious value of money but on the results of productive labour, which is what gives money its value.
http://www.ecclesia.org/forum/uploads/b ... LCAPSP.pdf